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, June 17, 1996. Mayor Zisa called the meeting to order at 8: 15 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 welcomed four (4) new Police officers to the City and called Police Chief Zisa forward while City Clerk Doris L. Dukes performed the Oath of Office to the four officers. The Mayor congratulated them for representing the City on the streets and wished them a successful and safe career. The Honor Guard were presented with Certificates by Mayor Zisa with the assistance of Councilman Galvis. Mayor Zisa congratulated the officers and thanked them for what they do and the honor they bring to the City. Chief Zisa announced that the Hackensack Police Department won ten out of thirteen of the Bergen County Merit Awards, setting a new record. These 10 officers were also recognized and presented with Certificates by the Chief. I The Police Chief announced the Explorers introduced the two officers who are in charge. Program and The Chief also recognized two individuals who were recognized by the Superior Court for having served as volunteers. The Mayor called a ten (10) minute recess at 8: 34 P. M. and reconvened at 8: 44 P. M. Mayor Zisa called for a motion to approve the minutes of the meetings held June 3, 1996. Motion offered by Stein, seconded by Mattei that the minutes be approved as submitted. Carried. Resolution #171 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, there have been erroneous tax payments made on various properties in 1995 and 1996 and State Tax Board judgments made on various properties during the years 1993, 1994, and 1995 which have not been refunded, ranging from $18.84 to $21,925.44; and WHEREAS, a schedule designated as "Exhibit A, June 3, 1996", I is on file in the office of the Tax Collector as a public record; and WHEREAS, said 94 individual amounts total $237,295.94. 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, June 3, 1996"; and BE IT FURTHER RESOLVED that the proper officers be and are hereby authorized to refund the amount of $250.00 to Alice Eason for a 1995 Senior Citizen Allowance also reflected on "Exhibit A, June 3, 1996". Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #172 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, pursuant to an advertisement in The Record, bids were received on May 24, 1996, for the resurfacing of Park Street, Ward Street and Conklin Place in the City of Hackensack; and WHEREAS, Kenneth Job, the City's Consulting Engineer, has reviewed the bids and recommended that the contract be awarded to Tilcon New Jersey, Inc., the low bidder. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the resurfacing of Park Street, Ward Street and Conklin Place in the City of Hackensack, be awarded to Tilcon New Jersey, Inc., P. O. Box 8248, Haledon, NJ 07508, for a total cost of $63,562.40; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from account #x-050-L03-001 of the Capital Fund, P.O. 94826. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #173 OFFERED BY: TRAMMELL 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 $ 1,650,841.88 Public Assistance I Account 100.00 I Public Assistance II Account 12,340.26 Capital Account 214,195.58 Payroll Agency Account 277,958.16 Dog License Account 202.00 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, Trammell, Stein, Zisa Resolution #174 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the Mayor and City Council of the City of Hackensack hereby oppose the GAAP reporting change of municipalities and counties; and WHEREAS, the professionals that understand municipal and county finance support our current reporting system known as Other Comprehensive Basis of Accounting; and WHEREAS, the philosophy behind New Jersey's reporting standards stems from budgetary and accounting perspectives that are more conservative than the proposed change; and WHEREAS, the proposed reporting system, in order to meet a wide array of government entity needs, is based on assumptions that, when compared to New Jersey's approach, represents a liberal accounting philosophy; and I WHEREAS, the Mayor and Council believes this change will create a dual reporting system and will promote a lack of confidence in government officials for not having a well defined, clear standard of reporting. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack hereby joins the following organizations in opposition to this conversion - The New Jersey State League of  Municipalities, New Jersey Conference of Mayors, New Jersey Mayors Association, New Jersey Managers Association, Registered Municipal accountants Association, County Treasurers Association, Tax Collector and Treasurers Association of New Jersey and Government Finance Officers Association of New Jersey� Roll Call: Ayes - Mattei, Glavis, Trammell, Stein, Zisa Resolution #175 OFFERED BY: GALVIS SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that the following liquor licenses be issued in the City of I Hackensack, effective July 1, 1996 through June 30, 1997, applicants having complied with the ordinances of the City of Hackensack and paid the required fee: 0223-33-003-006 Markron, Inc. A NJ Corp. $ 1,110.00 70 Hackensack Avenue 0223-44-005-003 Liquor Basket, Inc. 940.00 450 Hackensack Avenue 0223-33-006-001 Carvet, Inc. 1.110.00 250 Essex Street 0223-33-007-001 Charles & Paul Riviera Lounge, Inc. 1,110.00 308-310 Main Street 0223-33-008-005 Cafe Terrana, Inc. 1,110.00 772 Main Street 0223-33-009-007 Kiss Budapest Corporation 1,110.00 206 Main Street I 0223-32-010-006 Houlihan's/Bergen County, Inc. 1,110.00 197 Riverside Square 0223-33-011-005 Yoshida Enterprises, Inc. 1,110.00 21 Mercer Street 0223-33-012-003 Continental Hackensack, Inc. 1,110.00 411 Hackensack Avenue 0223-33-013-004 Corki's Corner, Inc. 1,110.00 774 Main Street 0223-44-014-001 Cromwell Liquors, Inc. 940.00 410 River Street 0223-33-015-005 Gialvida Enterprises, Inc. 1,110.00 45 Main Street 0223-44-016-003 R&C Delicatessen & Liquors, Inc. 940.00 89 South State 0223-33-018-001 Hackensack Lodge BPO Elks #658 1,110.00 37 Linden Street 0223-44-019-005 281 Simon Sez, Inc. 940.00 I 281 State Street 0223-33-020-003 Yannistadis Steven & Elias S. 1,110.00 515 Essex Street 0223-33-021-002 Cubby's, Inc. 1,110.00 249 S. River Street 0223-44-023-003 Kim Nack Joan & Roseanne Y 940.00 130 Anderson Street 97 0223-44-025-003 Hackensack Bottle King, Inc. 940.00 387 Route 17 0223-33-026-004 Brooklyn's Coal Burning Brick Oven Pizzeria 1 ' 110.00 161 Hackensack Avenue 0223-33-028-010 Yusuwan Enterprises, Inc. 1,110.00 261 Main Street I 0223-33-031-002 Aogo, Inc. 1,110.00 129 Johnson Avenue 0223-33-032-003 Lido Restaurant, Inc. 1,110.00 701 Main Street 0223-33-034-004 Catamaran, Inc. 1,110.00 380 West Pleasantview Avenue 0223-44-035-004 Highlands Liquors, Inc. 940.00 842 Main Street 0223-33-036-002 Charlmaree, Inc. 1,110.00 126 Anderson Street 0223-33-038-004 Bowler City Lounge, Inc. 1,110.00 85 Midtown Bridge Approach 0223-33-040-005 Coach House Diner & Rest., Inc. 1,110.00 Route 4 & Hackensack Avenue 0223-33-041-004 Hiliada, Inc. 1,110.00 80 River Street I 0223-44-042-007 Essex Street Liquors & Wines,Inc. 940.00 214-216 Essex Street 0223-44-043-006 Western Beverages Corporation 940.00 80 South River Street 0223-33-044-003 O'Neill's Summit Bar, Inc. 1,110.00 0223-33-045-006 Ichiban, Inc. 1,110.00 414 Hackensack Avenue 0223-44-046-003 Packard-Bamberger & Co., Inc. 940.00 630 Main Street 0223-33-047-003 Packard-Bamberger & Co., Inc. 1,110.00 630 Main Street 0223-33-050-006 101 W. Palisade Avenue Assoc. 1,110.00 96 Green Street 0223-33-051-006 The Ground Round, Inc. 1,110.00 Route 4 & Hackensack Avenue 0223-33-052-002 Donnelly Restaurant Assoc., Inc. 1,110.00 0223-33-053-007 107-109 Anderson Street Ciao Limited, Inc. 1,110.00 I Route 4 & Hackensack Avenue 0223-44-056-004 Simple Simon, Inc. 940.00 337 Essex Street 0223-33-057-006 Subo Corp. 1,110.00 453-455 Passaic Street  0223-33-058-001 Solari's Restaurant, Inc. 1,110.00 61 River Street 0223-33-060-002 J. s. Maggs, Inc. 1,110.00 604-606 Main Street 0223-33-061-001 Theva Foods, Inc. 1,110.00 293 Polifly Road 0223-33-062-003 Leon's Cocktail Lounge & Bar,Inc. 1,110.00 209 Central Avenue I 0223-33-063-005 Stony Hill Inn, Inc. 231 Polifly Road 1,110.00 0223-33-064-002 Tri-Color, Inc. 1,110.00 366 River Street 0223-33-065-006 Russ's Place, Inc. 1,110.00 89-91 Main Street 0223-44-066-001 Val Diano Corporation 940.00 I 487 Hudson Street ·�I I 0223-33-068-006 Corfu, Inc. 1,110.00 309 Vincent Avenue 0223-31-069-001 Craftmen's Club of Mt. Zion Lodge #50 F&AM (PHA) 150.00 230 Passaic Street 0223-31-072-001 Hackensack Lodge #489 Loyal Order of Moose 150.00 215 Charles Street 0223-31-073-001 Oritani Field Club 150.00 I 18 E. Camden Street BE IT FURTHER RESOLVED that license number 0223-33-044-003 be held by the City Clerk until a Certificate of Occupancy has been issued for an approved site. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #176 OFFERED BY: TRAMMELL SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-062-003 heretofore issued to Leon's Cocktail Lounge & Bar, Inc., 209 Central Avenue, Hackensack, New Jersey, be transferred to Greenfield Churrascaria, Inc., T/A "A Brazilian Steak House", 450 Hackensack Avenue, Hackensack, New Jersey, effective July 1, 1996; and BE IT FURTHER RESOLVED that the license shall be held by the City Clerk until a Certificate of Occupancy has been issued by the Department of Community Affairs. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #177 OFFERED BY: STEIN SECONDED BY: GALVIS I WHEREAS, New Jersey Transit Corporation has agreed to increase its monetary contribution to the design and construction of historic work to the Anderson Street rail station building and lot area from ninety thousand dollars ($90,000) to one hundred twenty­ five thousand dollars ($125,000) ; and BE IT FURTHER RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and they hereby are authorized to execute an Amendment to an Agreement between the City and New Jersey Transit Corporation dated July 25, 1995, for the design and construction of historic renovative work to the Anderson Street rail station, relecting the aforesaid increase in funding. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #178 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, pursuant to N.J.A.C. 5: 23-4.5A, the City of Hackensack advertised for, and on April 26, 1996 received,, bids for I the provision of State-authorized on-site elevator subcode inspection services; and WHEREAS, in compliance with the regulations adopted by the New Jersey Department of Community Affairs, the Construction Official of the City of Hackensack has determined that of the bid packages received, only one of the bidders, Municipal Inspection Corporation, 183 West 4th Street, Bayonne, NJ 07002, was qualified to effectively enforce the Elevator Subcode for the City of Hackensack, in accordance with the performance standards set forth in the Bid Specification promulgated by the City of Hackensack; and WHEREAS, Municipal Inspection Corporation has submitted a bid agreeing to perform the necessary services for the City of Hackensack for a fee based upon eighty-five percent (85%) of the fee schedule established by N.J.A.C. 5: 23-4.20; and WHEREAS, the Chief Financial Officer of the City of Hackensack has certified that funds are available for this purpose from the City's Trust Fund Account No. 6-070-100-204. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they hereby are authorized to execute a contract with Municipal Inspection Corporation, 183 West 4th Street, Bayonne, N.J. 07002, to perform the aforedescribed services for a period of I two (2) years; and BE IT FURTHER RESOLVED that the City Clerk publish a Notice of this action once in The Record and upon execution, retain a copy of the contract for public inspection. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #179 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the Hackensack Municipal Alliance to Prevent Alcoholism and Drug Abuse (H.A.P.A.D.A.) has proposed a grant in the amount of $15,775.00 for prospective 1997 funding under the New Jersey Governor's Council on Alcoholism and Drug Abuse; and WHEREAS, funding will implement four (4) programs: 1) A newsletter, 2) Homework and Support Center at the Keeley-Manning Center, 3) Citizenship Recognition Event for Teenagers, and 4) Students Against Violence (S.A.V.V.Y.) Leadership/Training Program under said grant to prevent/intervene against alcoholism and drug abuse in the best interests of the citizens of the City of Hackensack; and WHEREAS, the City of Hackensack agrees to develop a comprehensive plan to provide matching funds equivalent to $4,000.00 in cash and $11,500.00 in-kind expenses in addition to the D.E.O.R. Grant award of $15,775.00 designated by the New Jersey Governor's Council on Alcoholism and Drug Abuse; and I WHEREAS, the City of Hackensack will act as the financial agent for the Hackensack Municipal Alliance. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby affirms endorsement of the aforesaid project (s) and Mayor John F. Zisa shall sign the grant application jointly with the Chairperson of the Hackensack Municipal Alliance to meet the July 1, 1996 grant deadline; and  BE IT FURTHER RESOLVED that a copy of this resolution be . directed to Gerald Greet, C.A.C., at the Office of Alcohol and Drug Dependency, to accompany the prospective $31,275.00 grant application and plan. 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 and City Attorney if they had anything to report. The City Attorney read I the following letter addressed to the Editor of the Record: "Editor The Record 150 River Street Hackensack, New Jersey 07601-7172 Dear Sir: After reading your articles of June 11th and June 12th regarding Hackensack's decision to compensate retired Police Chief John Aletta for all of his unused vacation time, I felt that certain clarifications should be publically expressed. Under Hackensack's form of government, the City Manager is the Chief Executive and Administrative Officer. In late 1994, it became known that Chief Aletta had accrued unused vacation time in excess of the City's normal guidelines. City Manager James Lacava conferred with me regarding the legality of compensating the Chief for the overage. I advised the Manager that every contract, including employment contracts with public officials, must be interpreted against a standard of "reasonableness". It was my opinion that it was within the Manager's statutory duties, powers, and discretion to make this I call and, if he deemed it appropriate, to authorize the payment. Thus, when the subject matter of Chief Aletta's retirement and use of his earned vacation days was discussed by the City Council on January 3rd, 1995, the question never was one of legality, it was whether the Chief should be paid for the time or permitted to take an extended paid "terminal leave". The obvious drawbacks of placing our Police Department in a situation of having an absentee Chief made the answer fairly obvious. The Record reporter, in possession of both Chief Aletta's memo of December 28th, 1994 (advising the City Manager and Council that he was at that point carrying 92 vacation days into 1995) and with the City Council Executive Session Minutes of January 3rd, 1995 (which clearly reflect that the Council agreed with the Manager's decision to pay for the vacation time rather than approve an extended terminal leave) writes that " • • • no minutes detailing the discussion could be located". Perhaps this obvious inaccuracy was caused by my response to Mr. Mosk's question as to the Council's discussion on January 3rd, 1995. I stated to him that Mr. Lacava "bounced the matter off the Council" (which has been Mr. Lacava's practice during his tenure as City Manager) . If Mr. Mosk is referring to the legality question, he is correct, because there was no such discussion with the I Councill meeting. My discussion with the City Manager predated the Council This is directly relevant to the issue of whether or not a confirming Council Resolution was necessary or appropriate. My opinion was and is that it was not. A Resolution is defined by law as an act or regulatiion of the governing body required to be reduced to writing. In this matter there was no action taken by the City Council. The entity "taking the action" was the office of the City Manager. Actions taken by the Chief Executive Officer on the advice of legal counsel are not the appropriate subject matter /o/ of City Council Resolution. And as a footnote to history it ought to be pointed out that the budgeting for, and payment of, these retirement benefits to former City employees are very much available and accessible to the public. Additionally, the payment is directly authorized by the City Council. Each year during the municipal budgetary process from the Fall through the Winter, money is appropriated for the payment of I accrued retirement benefits for those City employees known to the Manager to be contemplating retirement. The budget process both informal (any person can scrutinize the proposed budget and its components with the City Manager or Chief Financial Officer upon request) or formal (State law requires a public hearing on the budget prior to approval) invite public participation and scrutiny at all stages. Further, at each Council meeting the City Council reviews and authorizes the payment of each and every check issued by the City of Hackensack. Included in this approval by Resolution process are the payments to the City's payroll account, the account through which the retirement payments are made. Not only are these (and any other payments) subject to inquiry by the attending public, but each such Resolution contains the following language: " • said bills are on file as a public record in the Office • • of the Chief Financial Officer". To suggest, as some quoted in your articles have, that this matter was a closed-door decision is simply not accurate. The direction that the process took was guided by legal counsel a� all stages. That my legal opinions are not necessarily newsworthy or make for "juicy" headlines does not offend me. But to understand the full story about these payments, they are somewhat pivotal. I would respectfully request that letter, you do so in its entirety. if you choose to print this I Very truly yours, (Signed) Richard E. Salkin, Esq. City Attorney, Hackensack" The Mayor asked the 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. Joe Lascala, 401 Simons Avenue, regarding the article appearing in The Record about the retirees said he was pleased with the way the meetings are conducted. Rainer Olster, 144 Union Street, addressed the article that appeared in the newspaper regarding the former Police Chief's retirement funds. He objected to the City's policy regarding retirements. Mayor Zisa explained that a former City Council made changes in 1987, but could not take away the time that those employees earned prior to that year. Dorothy Schwartz, 4 7 Prospect Avenue, asked the Mayor and I Council a question regarding the number of churches being burned and about the Essex Street widening with parking. The Mayor responded to both questions.  Motion offered by Stein, seconded by Trammell that the public hearing be closed and the meeting be adjourned. Carried (9:20 P.M.) I �,.,�� 0 NCILWOMAN � JUANITA TRAMMELL � c co � 4 �� sus · (/_ ,j � ATTEST: c City Clerk I I