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, March 18, 1996. 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: Deputy Mayor Roger B. Mattei, Councilman Jesus R. Galvis, Councilwoman Juanita Trammell, Councilman Mark A. Stein, I 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 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 March 4th and 11th, 1996. Motion offered by Trammell, seconded by Stein that the minutes be approved as submitted. Carried. Mayor Zisa announced the adoption of the 1996 budget will not take place tonight because we have not received any information on the state aid. The public hearing will be held as scheduled, but a vote will not be taken. The Mayor called for a motion to hold the public hearing. Motion offered by Mattei, seconded by Stein that there be a public hearing. Carried Mayor Zisa asked three times if anyone wished to speak on the I 1996 Municipal Budget. There was no response. Motion offered by Mattei, seconded by Trammell that the public hearing be closed. Carried Resolution #98 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, RSE Company, 280 State Street, Hackensack, NJ, received 1995 Tax Court Judgments in the amount of $10,625.10 and agreed to have said judgments applied to their unpaid 1995 and 1996 taxes on Block 315, Lot 11. NOW, THEREFORE, BE IT RESOLVED that the Tax Collector be and is hereby authorized to apply the tax court judgments in the amount of $10,625.10 to the unpaid 1995 and 1996 taxes on Block 315, Lot 11. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #99 OFFERED BY: STEIN SECONDED BY: MATTEI BE IT RESOLVED by the Mayor and Council of the City of Hackensack that John J. Kurz be and is hereby approved as an active member of the Hackensack Fire Department in the City of Hackensack. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #100 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: Amount Block/Lot Name Year/Reason $6,280.00 241/20 Eiffel Tower Co-op, Inc. 1994 STB & Stern Steiger Croland S3 2,770.47 329/45 P&A Investments, LLC 1995 Err Pmt 190.82 329/45 P&A Investments, LLC 1995 Int. 693.00 329/45 P&A Investments, LLC 1996 Err Pmt 6.23 329/45 P&A Investments, LLC 1996 Int. Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein, Zisa Resolution #101 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, the New Jersey State Department of Health requires ail local health departments to file an annual report each year; and WHEREAS, the annual report for calendar year 1995 for the Health Department of the City of Hackensack has been submitted for approval by John G. Christ, Health Officer. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the annual report as submitted by the Health Officer be and is hereby approved. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #101 OFFERED BY: STEIN SECONDED BY: MATTEI BE IT RESOLVED that transfers totaling $27,100.00 be made between the 1995 budget appropriations indicated in accordance with N.J.S.A. 40A:4-59: CURRENT APPROPRIATIONS INSIDE CAP FROM Sanitary Landfill O/E $ 7,100.00 Sewer O/E 20,000.00 $ 27,100.00 TO: A & E O/E Public Bldgs. O/E 600.00 3,400.00 I Telephone O/E 1,400.00 Police O/E 1,000.00 Snow Removal O/E 700.00 Sewer Treatment 20,000.00 $ 27,100.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #103 OFFERED BY: GALVIS SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that a certain professional services contract dated September 19, 1995, and authorized by Resolution #235 on August 21, 1995, by and between the City of Hackensack and Clinton Bogert Associates for the provision of engineering services, be terminated according to its terms and for other good causes; and BE IT FURTHER RESOLVED that the City Attorney be and is hereby authorized and directed to notify Clinton Bogert Associates of this I action. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #104 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, there is a need for professional engineering services relative to combined sewer overflow remediation; 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. 40A: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, it is the desire of the Mayor and Council of the City of Hackensack to retain the services of Malcolm Pirnie, Inc., 1 International Boulevard, Mahwah, NJ 07495, to provide said service; and I WHEREAS, a certificate establishing that funds are available in Account #X-050-MOS-002 of the Capital Fund, in the amount of $620,800.00 (P.O. #93495) has been issued 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with Malcolm Pirnie, Inc. to provide said services. 2. 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. 3. The City Clerk be and hereby is responsible to retain a copy of the agreement for public inspection and to publish notice of this action once in The Record. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #105 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, there is a need for professional environmental engineering services to implement a portion of the City's Underground Storage Tank (UST) compliance plan; 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.40All-3(l)(a)(i) of the Local Public Contracts Law; and WHEREAS, it is the desire of the Mayor and Council to retain the services of James C. Anderson Associates, Inc., 181 Westfield Avenue, Clark, N.J., to provide professional environmental engineering services for the oversite of UST removal, and to prepare NJDEP UST site assessments for the decommissioning of underground storage tanks; and WHEREAS, a certificate establishing that funds are available from the Capital Account, #05-1489-0006, P.O. #89797, has been issued by the Chief Financial Officer in an amount not to exceed $2,994.00; and I WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional services without competitive bidding and the contract must be available for public inspection. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (1) The Mayor and City Clerk be and are hereby authorized to execute an agreement with James C. Anderson Associates, Inc., 181 Westfield Avenue, Clark, N.J., to provide environmental engineering s.5 services. (2) This contract is awarded without competitive bidding as a professional service in accordance with the Local Public Contracts Law (NJSA 40A:ll-l et. seq.); and BE IT FURTHER RESOLVED that the City Clerk be and and is hereby responsible to retain a copy of the agreement for public inspection and to publish a notice of this action once in The Record. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #106 OFFERED BY: MATTEI SECONDED BY: WHEREAS, Bergen County Community Development Grants have been GALVIS I proposed by the following: $72,648.00 - Bergen County Dept. of Human Services, Division of Family Guidance, 21 Main Street, Room #llOW, for rental assistance to lease space at 151 Hudson Street for their workforce office practice project; and $35,000.00 - Hoehne Rehabilitation Center for the renovation of their roof; and WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without author.ization 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 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 project; and I 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 project may be expedited. Roll Call: Ayes - Mattei, Galvis, Trammell , Stein, Zisa Resolution #107 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the governing body of the City of Hackensack had been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public who operate motor vehicles within the City limits of the City of Hackensack, when a traffic signal located at the intersection of Summit Avenue and Spring Vall ey Avenue was accidentally knocked down and rendered inoperable on January 31, 1996; and WHEREAS, the Chief of Police of the City of Hackensack has furnished to the City Manager a written report setting forth the time, place and circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned traffic signal to full operation; and I WHEREAS, the cost of the repair was $4,003.50, which is a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are avail able in account #6-010-318-267, of the Current Fund, P.O. #93229; and WHEREAS, the repairs were made by Traffic Control Equipment  Corp., Inc., and it is anticipated that the entire cost of the repairs will be recovered from the insurance carriers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A. 40A:ll-6, which authorizes the governing body to award contracts without public bidding in emergency situations, the vendor, Traffic Control Equipment Corp., Inc., 242-252 Hudson Street, Hackensack, NJ., be paid therefor. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I Resolution #108 OFFERED BY: MATTEI SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: General Account 1,773,578.40 Public Assistance II Account 10,869.35 Capital Account 515,482.18 Public Parking System Account 6,380.72 Public Parking Capital Account 12,824.00 Payroll Agency Account 277,462.16 Trust Account 400.00 BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein, Zisa Resolution #109 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, S. Goldberg & Co., Inc. is the owner of certain real properties known as Block 59, Lot 1 and Block 61, Lot 11, designated as 24 East Broadway and 100 East Broadway, respectively; and I WHEREAS, the taxpayer has filed an appeal to its 1991, 1992, 1993, 1994 and 1995 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessments for Block 59, Lot 1 were $1,401,200 for 1991 and 1992, and $1,261,100 for 1993, 1994 and 1995, and the assessments for Block 61, Lot 11 were $2,429,000 for 1991 and 1992, and $2,186,100 for 1993, 1994 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 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 "S. Goldberg & Co., Inc., v. City of Hackensack", Docket Nos. 008754-91, 008756-91, 007012-92, 007013-92, 005117-93, 005209- I 93, 005039-94, 005045-94, 013986-94 and 014049-94 presently pending in the Tax Court of New Jersey, so that the assessments be reduced for Block 59, Lot 1 to $1,261,100 for 1991 and 1992, and $1,205,000 for 1993, 1994 and 1995; and for Block 61, Lot 11 to $2,186,100 for 1991 and 1992, and $2,095,000 for 1993, 1994 and 1995; 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 #110 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, 175 Associates is the owner of certain real properties known as Block 424, Lot 21, designated as 175 Passaic Street; and WHEREAS, the taxpayer has filed an appeal to its 1993, 1994 and 1995 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 $810,000; and WHEREAS, upon review of information appears appropriate for each year; and submitted, a reduction 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 "175 Associates v. City of Hackensack ", Docket Nos. 006708-93, 003603-94 and 001567-95 presently pending in the Tax Court of New Jersey so that the assessment be reduced to $750,000 for 1993 and $667,500 for 1994 and 1995; 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 #111 OFFERED BY: TRAMMELL SECONDED BY: WHEREAS, Essex View is the owner of 19 individual condominium STEIN I units located at Block 246, Lot 3, designated as 486 Essex Street; and WHEREAS, the taxpayer has filed an appeal to its 1993, 1994 and 1995 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessments for the individual condominium units are as set forth on the settlement schedule; 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 interests of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the I City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Essex View v. City of Hackensack", Docket Nos. 000894-94, 012953-94 and 009973-95 presently pending in the Tax Court of New Jersey, so that the assessments be reduced; 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 #112 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Queen Anne Apts. , Inc. is the owner of certain real property known as Block 344, Lot 12 designated as 345 Prospect Avenue; and WHEREAS, the taxpayer has filed an appeal to its 1991 real property tax assessment, which matter was settled and Judgment entered by the Tax Court of New Jersey; and I WHEREAS, the yearly assessment for the subject premises is $5,675,700; and WHEREAS, the taxpayer has made application to the Court pursuant to N. J. S. A. 54:51A-8 (Tax Court Freeze Act) requesting the Court to enter Judgment for 1992 based upon the Judgment entered for 1991; 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 application of the Freeze Act in the matter entitled "Queen Anne Apts. , Inc. v. City 'Of Hackensack", Docket No. 02-23-9257-91D; 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 #113 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Paul & Antoinette Nigito are the owners of certain real property known as Block 324, Lot 31, designated as 333 Park Street; and WHEREAS, the taxpayers have filed appeals to their 1994 and 1995 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 $2,100,600 for both years; 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 interests of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the I City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Paul & Antoinette Nigito v. City of Hackensack", Docket Nos. 005437-94 and 001013-95 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $1,750,000 for 1994 and 1995 and that the provisions of the Freeze Act apply to this settlement; 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 #114 OFFERED BY: MATTEI SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and the City Clerk be and they hereby are authorized to execute an agreement with Bell Atlantic Public and Operator Services, 50 Burnett Avenue, Maplewood, New Jersey 07040, for the provision of public telephone service in the City of Hackensack; and BE IT FURTHER RESOLVED that, as this agreement will not entail the expenditure of any public funds, it is exempt from the bidding I provisions of N.J.S.A. 40A:ll-1, et seq. (the "Local Public Contracts Law "); and BE IT FURTHER RESOLVED that the City Clerk shall, upon execution of said agreement, retain a copy and make same available for public inspection. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Mrs. Dukes advised the Mayor that her Docket was completed. Mayor Zisa thanked her and asked the City Manager, City Attorney and members of Council if they had anything to report. They did not. Councilman Galvis commended the Police and Fire Departments on the way they handled the crowd during the President's vist last week. Mayor Zisa added that both the President and Vice President made reference to the the warm welcome they received from Hackensack and echoed what Mr. Galvis said. Councilman Stein added that friends of his commended the control of the crowd for the number of people. He too commended I the Police and Fire Departments. The Mayor opened the meeting to the public for discussion of City business and asked if anyone present wished to be heard. Dorothy Schwartz, 47 Prospect Avenue, advised Council of a problem she had in trying to borrow a Video from the Library. She asked the Mayor if he would intercede, since he makes the appointments to the Board. Mayor Zisa asked Ms. Schwartz's opinion on the new audio equipment and she said it works fine when the people are speaking in the microphones. She added that the equipment she received was missing the part that must be "plugged in " in order for it to work. She said she is using her personal one. The Mayor requested the Manager send communications to the various departments that conduct public meetings advising them of the equipment and,when speaking, use the microphones. I H. Chico, 82 South State Street, addressed the Council on the issue of their Soccer League which has been using the field in Johnson Park for the past fifteen to sixteen years. He said the fields are in very poor condition. The Mayor advised him that a decision has not been made.  60 Motion offered by Stein, seconded by Trammell that the public hearing be closed and the meeting be adjourned. Carried (8:50 P.M.) I I I