City Council

/3/l I The Regular Meeting of the City Council ; of the City of Hackensack was held at City Hall, 65 Central Av�nue, Hackensack, New Jersey, on Monday, September 18, 1995. Mayor Zisa called the meeting to order at 8:05 P.M. and asked everyone to stand for the flag salute. The Mayor then asked the City Clerk to call the roll. I ' ., Present: Councilmen Roger B. Mattei and Jesus R. Galvis, Councilwoman Juanita Trammell, Deputy Mayor Mark A. Stein, Mayor John F. Zisa, City Manager James S. Lacava, City Clerk Doris L. Dukes and City Attorney Richard E. Salkin Mrs. Dukes: "In accordance with the Open Pu�lic 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 September 5th and 11th, 1995. Motion offered by Trammell, seconded by Stein that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 16-95 ENTITLED: "AN ORDINANCE TO AMEND CHAPTER 155, SECTION 16, OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED: 'TAXICABS-FARES'". Mayor Zisa: "This ordinance has been advertised according to law and now calls for a public hearing. Will someone so move?" Motion offered by Stein, seconded by Trammell that there be a public hearing. Carried The Mayor asked if anyone present wished 'to speak on this ordinance. There was no response. Motion offered by Mattei, seconded by Stein that the public hearing be closed. Carried Resolution #254 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 16-95 entitled: "AN ORDINANCE TO AMEND CHAPTER 155, SECTION 16, OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED: 'TAXICABS­ FARES'", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa FINAL ADOPTION OF ORDINANCE NO. 17-95 ENTITLED: "AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 89 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED, 'FLOOD HAZARD' AREAS'"• Mayor Zisa: "This Ordinance has been advertised pursuant to law and now.calls for a public hearing. Will someone so move?" Motion offered by Trammell, seconded by Stein that there be a public hearing. Carried Mayor Zisa asked if anyone present wished tp be heard on this Ordinance. There was no response. Motion offered by Stein, seconded by Galv�s that the public hearing be closed. Carried ,, Resolution #255 OFFERED BY: MATTEI SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 17-95 entitled: "AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 89 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED, 'FLOOD HAZARD AREAS'", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa FINAL ADOPTION OF ORDINANCE NO. 18-95 ENTITLED: "BOND ORDINANCE .. PROVIDING FOR THE RELOCATION OF FIRE ALARM FACILITIES IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $75, 000 therefor and authorizing the issuance of $71, 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?" Motion offered by Galvis, 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 Stein that the public hearing be closed. Carried Resolution #256 OFFERED BY: MATTEI SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 18-95 entitled: "BOND ORDINANCE PROVIDING FOR THE RELOCATION OF FIRE ALARM FACILITIES IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $75, 000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $71, 000 BONDS OR NOTES OF THE CITY TO FINANCE PART f OF THE COST THEREOF", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #257 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, there remain overpayment of taxes for the years 1991 through 1994, in the amount of $9, 046.57 and the original owners cannot be located. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the Tax Collector be authorized to cancel the overpayment of taxes and that said overpayments be transferred to surplus. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #258 OFFERED BY: TRAMMELL 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: • ' $ 37.00 Patricia Donavan, 230 Washington Ave. , Hillsdale, NJ 07642, Summons #Hl88602 dismissed by the Judge ,, 75.00 Department of Law & Public Safety, Division of Consumer Affairs, Office of Weights & Measures, 1261 Rt. 1 & 9 So. , Avenel, NJ 07001 - 1647 - reimbursement of fine for State vs. Grand Union C94-1882 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa  Resolution #259 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, there have been erroneous tax payments made on various properties in past years which have not been refunded, · ranging from $4.56 to $9,236.00; and WHEREAS, a schedule designated as "Exhibit ·A, September 18, 1995", is on file in the office of the Tax Collector as a public record; and I .4 WHEREAS, said 67 individual amounts total $57,174.53 • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the refunds reflected on "Exhibit A, September 18, 1995". ' Roll Call: Ayes - Mattei, Galvis, Tr ammell ; Stein, Zisa Resolution #260 OFFERED BY: MATTEI SECONDED BY: TRAMMELL I BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. , r0223-33-003-004 heretofore extended to Elaine Harris, Trustee, pursuant to 11 u.s.c. 70l(a), Chapter 7, be transferred to Markron, Inc., A New Jersey Corporation, T/A Capri Mia, 70 Hackensack Avenue, Hackensack, New Jersey, effective September 22, 1995. Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein, Zisa Resolution #261 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the Hackensack Board of Education desires to secure school nurse services for certain Hackensack non-public schools from the City of Hackensack through an inter-local agreement in t accordance with N.J.S.A. 40:8A-1 et.seq.; and I WHEREAS, the Health Department of the City of Hackensack can • provide qualified personnel to provide said school nurse services; and WHEREAS, the amount for said services will not exceed $27,359.00. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Mayor and City Cler� be and they are hereby authorized to excute an agreement with the· Hackensack Board of Education for qualified personnel to perform school nurse services effective September 3, 1995 through Jun � 30, 1996; and I BE IT FURTHER RESOLVED that this action is excluded from publication pursuant to NJSA 40:8A-3. Roll Call: Ayes - Mattei, Galvis, Tr ammell ; Stein, Zisa Resolution #262 OFFERED BY: STEIN SECONDED BY: GALVIS . WHEREAS, Bergen County Community Development1 Grants have been proposed by the following: $37,675.00 by Heightened Independence and Progress (HIP) for ' their Outreach to Disabled Minorities Program; \ $15,000.00 by the Community Resource Council for their Information and Referral Service Program; $15,000.00 by Bergen Council Boy Scouts of America for their Summer Camping Program; $23,000.00 by Bergen Council Boy Scouts of America for their Low Income Summer Day Camp Program; c; $19, 568.00 by the Volunteer Center of Bergen County, Inc., for their Volunteer Center Chore Services; $39, 316.00 by the Martin Luther King Jr. Senior Center for their MLK, Jr. Intergenerational Program; $4 4 , 288.00 by the Martin Luther King Jr. Senior Center for their program coordinator/program supplies; $58, 000.00 by the H.O.P.E. for Ex-offenders, Inc., for their Project H.O.P.E.; $100, 000.00 by the Bergen County Housing Coalition for their Tenant Outreach and Guidance Project; $600, 000.00 by the Bergen County Housing Authority for the continuation of their Tenant-based Rental Assistant Program; $200, 000.00 by the City of Hackensack for ADA Curb Cuts; $125, 000.00 by the City of Hackensack for Renovation of the former branch of the Johnson Public Library to meet ADA requirements; $25, 000.00 by the City of Hackensack for soundproofing the M & M Recreational Facility; $50, 000.00 by the City of Hackensack for the completion of the reconstruction work on West Railroad Avenue from Central Avenue to Passaic Street; $45, 000.00 by the Johnson Public Library for renovating bathrooms to make them accessible for the disabled; $125, 000.00 by the Hackensack Board of Education for the replacement of the high school track; and I 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 interests of the people of Bergen County; and WHEREAS, this resolution does not obligate the financial resource 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 BE IT FURTHER RESOLVED that a copy of this resolution 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 #263 OFFERED BY: GALVIS SECONDED BY: TRAMMELL INTRODUCTION OF ORDINANCE NO. 19-95 ENTITLED: "AN ORDINANCE REAPPROPRIATING $139,443.55 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR i THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR THE ACQUISITION OF A FRONT-END LOADING GARBAGE TRUCK IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY". BE IT RESOLVED that the above ordinance, being Ordinance No. 19-95 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 October 2, 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 Ordinance will be further considered for final passage. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein,'Zisa Resolution #264 OFFERED BY: TRAMMELL SECONDED BY: MATTEI .. WHEREAS, C.G.C.K. Associates is the owner of certain real property known as Block 75, Lot 5 designated as 4 5 Essex Street; and WHEREAS, the taxpayer has filed an appeal to �ts 1993 and 1995 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessments for the subje,ct property is $1, 928, 500 for 1993 and 1995; and WHEREAS, upon review of information submitted, a reduction appears appropriate for each year; 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 inte�ests 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 "C.G.C.K. Associates v. City of Hackensack", Docket Nos • 013011-93 and 004964 -95 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $1, 700, 000 for 1993 and 1995, with the Freeze Act being applied for 1994 , 1996 and 1997; 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, Trammell1, Stein, Zisa Resolution #265 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, Kiehl's 1851 is the owner of certain real property known as Block 90, Lot 14 designated as 185 South Newman Street; and WHEREAS, the taxpayer has filed an appeal to its 1993 and 1994 real property tax assessments, which matters are:presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $668, 000; and :f WHEREAS, upon review of information submitted, a reduction appears appropriate for each year; 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 "Kiehl's 1851 v. City of Hackensack", Docket Nos. 000375- 94 and 012629-94 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $550, 000 for 1993 and $4 84 , 200 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 #266 OFFERED BY: MATTEI 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 paid: General Account $1, 188, 796.4 0 Public Assistance I Account 100.00 Public Assistance II Account 11, 156.4 7 Capital Account 58, 622.09 Public Parking System Account 6, 275.95 Payroll Agency Account 259, 920.55 Trust Account 14 , 227.00 County Com. Dev. Block Grant Account 77, 197.25 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 #267 OFFERED BY: STEIN SECONDED BY: TRAMME L L WHEREAS, the City of Hackensack has received a grant from the New Jersey Department of Environmental Protection to provide for preliminary landscape plans and recommendations with respect to the design of Borg's Woods; and WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack to retain the services of Greenland Associates, Inc., 396 Forest Avenue, Paramus, New Jersey 07652, to provide these services; and WHEREAS, such professional services will 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. 4 0A:ll-5(l)(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, a certificate establishing that funds are available for this contract from a designated appropriation from the 1995 budget has or shall be provided by the Chief Financial Officer 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, and Purchase Order �o. 90740 has been assigned to this contract. ' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. That the Mayor and the City Clerk be and they are authorized to execute a contract with Greenland Associates, Inc., 396 Forest Avenue, Paramus, New Jersey 07652, to provide the afore­ described services. 2. That this contract is awarded without competitive bidding as professional services in accordance with N.J.S.A. 4 0A:ll-5(l)(a)(i) 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 in accordance with the provisions· of said statute. I 3. That the City Clerk be and hereby is directed to retain a copy of the contract for public inspection and to publish notice of this action once in The Record. Roll Call: Ayes - Mattei, Galvis, Trammell,, Stein, Zisa Resolution #268 OFFERED BY: MATTEI SECON,DED BY: GALVIS ' WHEREAS, formal major disciplinary proceedings have been instituted against Hackensack Police Officer John Parkyn; and I WHEREAS, pursuant to Section 32-33G of the Code of the City of Hackensack, New Jersey, the City Manager has appointed Larry J. McClure, Esq. of 155 Polifly Road, Hackensack, New'Jersey 07601, to serve as the Hearing Officer in this matter; and 1 WHEREAS, such professional services will ibe 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. 4 0A:ll-5(l)(a)(i) of the Local Public Contracts Law; and WHEREAS, the Local Public Contracts Law r�quires 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, a certificate establishing that funds are available for this contract from a designated appropriation from the 1995 budget has or shall be provided by the Chief Financial Officer in accordance with N.J.A.C. 5:30-14 .5 of tne Rules anµ Regulations of • the New Jersey Department of Community Affairs, Local Finance Board, and Purchase Order No. 9074 1 has been assigned to this contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. That the Mayor and the City Clerk b e and they are authorized to execute a contract with Larry J. McClure, Esq. 155 Polifly Road, Hackensack, New Jersey 07601, to provide the afore­ described services. 2. That this contract is awarded without competitive bidding as professional services in accordance: with N.J.S.A. 4 0A:ll-5(l)(a)(i) 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 in accordance with the provisions of said statute. 3. That the City Clerk be and hereby is directed to retain a copy of the contract for public inspection and to publish notice of this action once in The Record. : Roll Call: Ayes - Mattei, Galvis, Trammell, 'Stein, Zisa ' ' I Resolution #269 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, R.S. 4 0:2-35 provides that monies held in any separate fund shall be treated as monies held in trust and shall not be diverted to any other purpose. NOW, THEREFORE, BE IT RESOLVED that the follow ing bank be made the depository for various accounts effective immediately: The Bank of New York (formerly National Community Bank of NJ) BE IT FURTHER RESOLVED that the custodian shall be MichaelI Mariniello, Jr., and that all disbursements shall be made by checks signed by Mayor John F. Zisa, Treasurer Michael MaF.i:Iliello, Jr. and City Clerk Doris L. Dukes, or in her absence Chief Financial Officer Michael Mariniello, Jr. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Mrs. Dukes advised the Mayor that her Docket was completed. The Mayor thanked her and asked the members of Council, City Manager and City Attorney if they had anything to report. They did not. Dorothy Schwartz, 47 Prospect Avenue, complained about the legal notices placed in The Record by the Planning, Zoning and Rent Boards. She said the ads are not checked to see if they are published on the correct day nor are they checked for accuracy. She recommended that corrected measures be taken by having someone responsible for checking all ads. Jack Donovan, Willow Avenue, asked for clarification regarding the resolution for nursing services for t�e Board of Education as it relates to the costs. Mr. Lacava responded. He also addressed the issue of students attending the Hackensack school system that don't live in the district. A motion was offered by Stein, seconded by Trammell that the public hearing be closed and the meeting be adjourned. Carried (8:35 P.M.) • ��.GALVIS