City Council

/J?S 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, November 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: Councilman Jesus R. Galvis, Councilwoman Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City I Manager James S. Lacava, City Clerk Doris L. Dukes and City Attorney Richard E. Salkin Absent - Deputy Mayor 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 November 4th and 12th, 1996. Motion offered by Stein, seconded by Galvis that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 22-96 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE COMMUNICATIONS DEPARTMENT OF THE CITY OF HACKENSACK". Mayor Zisa: "This Ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?" Motion offered by Stein, seconded by Galvis that there be a I public hearing. Carried Mayor Zisa asked if anyone present wished to be heard on this Ordinance. There was no response. Motion offered by Trammell, seconded by Stein that the public hearing be closed. Carried Resolution #346 OFFERED BY: STEIN SECONDED BY: TRAMMELL 6 BE IT RESOLVED by the City Council of the City of Hackensa k, County of Bergen and State of New Jersey, that Ordinance No. 22-96 entitled: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE COMMUNICATIONS DEPARTMENT OF THE CITY OF HACKENSACK", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei FINAL ADOPTION OF ORDINANCE NO. 23-96 ENTITLED: "BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF AN EMERGENCY FIRE VEHICLE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $100,000 THEREFOR, INCLUDING $90,000 TO BE RECEIVED FROM THE COUNTY OF BERGEN COMMUNITY DEVELOPMENT FUNDS I AND AUTHORIZING THE ISSUANCE OF $9,500 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 Stein, seconded by Galvis that there be a public hearing. Carried. Mayor Zisa asked if anyone present wished to be heard on this ordinance.  -,- Jack Donovan, Willow Avenue, asked for an explanation of the ordinance. The Mayor responded. Mr. Donovan added that there are some people who feel this is another way for the Fire Chief to take over the Volunteer Ambulance Corps. The Mayor stated there has been no discussion nor will any discussion be entertained at this time about taking over the Volunteer Ambulance Corps. Councilman Stein also added reassurance. Motion offered by Stein, seconded by Galvis that the public hearing be closed. Carried I Resolution #347 OFFERED BY: TRAMMELL 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. 23-96 entitled: "BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF AN EMERGENCY FIRE VEHICLE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $ 100,000 THEREFOR, INCLUDING $90,000 TO BE RECEIVED FROM THE COUNTY OF BERGEN COMMUNITY DEVELOPMENT FUNDS AND AUTHORIZING THE ISSUANCE OF $9,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #348 OFFERED BY: TRAMMELL SECONDED BY: GALVIS 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 refund for the reason stated: AMOUNT BLOCK/LOT NAME YEAR/REASON $ 195. 00 70/ 15 Fleet Mortgage Group Inc. 1996 Err. Pymt. I Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #349 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 bingos and raffles in accordance with the applications on file in the office of the City Clerk: BA: 15 10 & RA:l5 1 1 Parents Teachers Guild of St. Francis School BA:l5 12 & RA:l5 13 St. Francis Church BA: 15 14 & RA:l5 15 Holy Name Society of St. Francis Church Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #350 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Elisa Rathbun, School Traffic Guard, is requesting a leave of absence, without pay, due to a maternity leave; and WHEREAS, City Manager James S. Lacava has determined that this employee be granted a leave of absence, without pay, commencing October 28, 1996 and terminating January 2, 1997. I NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Elisa Rathbun, School Traffic Guard, be granted a leave of absence, without pay, as requested; and BE IT FURTHER RESOLVED that a certified copy of this  /c?? resolution be forwarded to the employee's pension system by the Chief Financial Officer. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #351 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the health, safety and welfare of the citizens of Hackensack due to a sewer break on Frederick and I Washington Streets; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to correct the condition; and WHEREAS, the estimated cost to correct the condition is $4,403. 89, including engineering fees, which is a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #6-010-530-204 of the Current Fund, P. O. #96583. 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, J. Fletcher Creamer & Son, Inc. , the contractor, 101 Broadway, Hackensack, NJ. , be paid therefor. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #352 OFFERED BY: STEIN SECONDED BY: GALVIS I BE IT RESOLVED that transfers totaling $77,000. 00 be made between the 1996 budget appropriations indicated in accordance with N. J. S. A. 40A:4-58: CURRENT APPROPRIATIONS INSIDE CAP FROM Legal Services O/E $ 10,000. 00 Bldgs. & Grounds S/W 20,000. 00 Bldgs. & Grounds O/E 5,000. 00 Communications Operators O/E 20,000. 00 Inspection of Property Mte. S/W 10,000. 00 Streets & Roads O/E 2,000. 00 Shade Tree S/W 5,000. 00 Street Cleaning O/E 5,000. 00 $ 77,000. 00 TO: Elections $ 2,000. 00 Tax Collector S/W 10,000. 00 Bldg. Inspectors S/W 10,000. 00 I Community Development S/W 20,000. 00 Street Cleaning S/W 5,000. 00 Sewer S/W 10,000. 00 Sewer O/E 10,000. 00 Recreation S/W 5,000. 00 Celebrations S/W 5,000. 00 $ 77,000. 00 Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei ;fl Resolution #353 OFFERED BY: TRAMMELL SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and they are hereby authorized to execute an agreement between Insuran9e Design Administrators (IDA) and the City of Hackensack for extension of health coverage pursuant to the "Small Business Job Protection Act and the Health Insurance Portability and Accountability Act". Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #354 OFFERED BY: STEIN SECONDED BY: TRAMMELL I 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 $ 1,124,959.46 Public Assistance I Account 100.00 Public Assistance II Account 17,585.96 Capital Account 75,641.10 Public Parking System Account 10,735.51 Payroll Agency Account 318,335.55 SUI Account 2,140.00 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 #355 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, N.J.S.A. 40A:B7 provides that the Director of the I Division of Local Government Services may approve the insertion of any special itern 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 1996 in the sum of $39,569.00, which item is now available as a revenue from the Local Law Enforcement Block Grants Program #96-LB-VX-3071 pursuant to the provisions of statute; and BE IT FURTHER RESOLVED that the like sum of $35, 569.00 is hereby appropriated under the caption "Local Law Enforcement Block Grants Program"; and BE IT FURTHER RESOLVED that the sum of $4,397.00, representing the amount required for the municipality's share of the aforementioned undertaking or improvement, appears in the budget of the year 1996 under the caption of "Matching Funds for Grants" and I is appropriated under the caption of "Local Law Enforcement Block Grants Program". Roll Call: Ayes - Galvis, Tr ammell, Stein, Zisa Absent - Mattei Resolution #356 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, the City of Hackensack has determined that its Bell Atlantic and AT&T bills be reviewed to ascertain the possibility of cost savings relative to telephone lines, service and equipment; and  WHEREAS, Telecast Auditing Services, 181 South Franklin Avenue, Valley Stream, New York 11581, will conduct said audit; and WHEREAS, the fee to be paid to Telecost Auditing shall be based solely upon the dollars recovered and shall be calculated as fifty percent (50%) of those monies payable only when and if the monies are received from the telephone service carriers and those affected monthly overcharges have been corrected and reduced; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional I services without competitive bids and the contract be available for public inspection. NOW, THEREFORE, BE IT RESOLVED that the contract authorizing review of telephone utility documents and telecommunications billing for analysis and possible cost savings to the City of Hackensack be awarded to Telecast Auditing Services, without competitive bidding pursuant to the Local Public Contracts Law, and that Mayor John F. Zisa be and is hereby authorized to execute the contract on behalf of the City of Hackensack. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #357 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, N.J. Revised Statutes 39:10A-1-7 provide that the City has the right to sell at public auction any used City-owned vehicles and equipment after due notice has been published in a newspaper at least five (5) days previous to the date of the proposed sale. NOW, THEREFORE, BE IT RESOLVED that the aforementioned City­ owned vehicles and equipment listed in the advertisement to appear in The Record on Friday, November 22, 1996, and notification that I they will be offered for sale by the City Manager or a designated representative at the public auction to be held at the City Garage, 120 E. Broadway, Hackensack, New Jersey, on Tuesday, December 3, 1996, at 10:00 a.m., be and are hereby authorized to be sold. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #358 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Commercial Truck Lift, Inc. is the owner and taxpayer of certain real property known as Block 48, Lot 8, designated as 169 Lodi Street; and WHEREAS, the taxpayer has filed appeals to its 1994, 1995 and 1996 real property tax assessment, which matters are presently pend�ng in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $453,700; and WHEREAS, upon review of information submitted, a reduction appears appropriate for each year; and 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 "Commercial Truck Lift, Inc. v. City of Hackensack" , Docket Nos. 0012664-94 and 010082-95 presently pending in the Tax 1/?o I Court of New Jersey, so that the assessment be reduced to $399,400; 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 Resolution #359 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Midlantic National Bank was the owner of certain real property known as Block 303, Lot 9B designated as 170 State Street; I and WHEREAS, the taxpayer has filed an appeal to its 1994 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property was $410,000; 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, 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 "Midlantic National Bank v. City of Hackensack ", Docket No. 012306-94 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $350,000; and I BE IT FURTHER RESOLVED that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund, provided the refund is paid within sixty (60) days of entry of the Judgment. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #360 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Oak Street Realty is the owner of certain real properties known as Block 530, Lot 4 designated as 166 Johnson Avenue and Block 530, Lot 5 designated as 172 Johnson Avenue; and WHEREAS, the taxpayer has filed appeals to its 1994 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for Lot 4 is $245,000 and the assessment for Lot 5 is $392,900; and WHEREAS, upon review of information submitted, a reduction appears appropriate for each year; and 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  /9/ 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 v. City of Hackensack", Docket Nos. 012990-94 and 012991-94 presently pending in the Tax Court of New Jersey, so that the assessment for Block 530, Lot 4 be reduced to $190,000 and the assessment for Block 530, Lot 5 be reduced to $304,900; 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #361 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Richard Roesler is the owner and taxpayer of certain real property known as Block 525, Lot 4 designated as 50 Johnson Avenue; and WHEREAS, the taxpayer has filed an appeal to his 1994, 1995 and 1996 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property was $1,361,700 for each year under appeal; 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. I 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 "Richard Roesler v. City of Hackensack", Docket Nos. 005537-94, 003299-95 and 001600-96 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,150,000 for each year under appeal; 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 Resolution #362 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Paul Schmidt is the owner of certain real property known as Block 76, Lot 48 designated as 107 Essex Street; and WHEREAS, the taxpayer has filed an appeal to its 1994 and 1995 real property tax assessments, which matters are presently pending I in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $560,000; 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 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 Schmidt v. City of Hackensack ", Docket Nos. 012890- 94 and 009837-95 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $480,000 for 1994 and 1995; and BE IT FURTHER RESOLVED that predicated upon a full waiver of taxpayer on the refund. the foregoing settlement is any interest payable to the I Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #363 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Uniroyal Technology Corporation is the owner and taxpayer of certain real properties known as Block 95, Lots l. C and 1. G designated as 211 and 215 Newman Street, respectively; and WHEREAS, the taxpayer has filed an appeal to its 1995 and 1996 real 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 $788,900; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax I 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 "Uniroyal Technology Corporation v. City of Hackensack ", Docket Nos. 004409-95 and 001271-95, presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $754,500 ffor Lot 1. C and $2,305,500 for Lot 1. G; 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 Resolution #364 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, First Fidelity Bank, N. A. is the owner of certain real property known as Block 308, Lot 1. A designated as 111 Midtown I Bridge Approach; and WHEREAS, the taxpayer has filed an appeal to its 1995 and 1996 real property tax assessments, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $3,085,200; 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 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 "First Fidelity Bank N. A. v. City of Hackensack", Docket I Nos. 004421-95 and 004191-96 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $2,250,000; 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 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. Mayor Zisa opened the meeting to the public for discussion of City business. Paul Burns, Salt of the Earth, 238 Main Street, told the Mayor he did a great job with the TV coverage on the homeless. He wanted to be a panelist but was kept off. He requested the terminology "perception is reality" not be used as it can cause harm to the homeless. I Charles Eyer, 143 Fairmount Avenue, said he bought a pickup truck and was then told by a Police Officer what the laws were. He asked Council if there was a way something could be done. He said he does not want to put a cap on it. Mayor Zisa stated this matter has been addressed many times and there has always been a great number who want the ordinance to remain as it is. Dorothy Schwartz, 47 Prospect Avenue, distributed a "quiz" on the Economics of Old Age for review and edification. Jack Donovan, Willow Avenue, told the Mayor he did a good job on the homeless issue, referring to the "call-in Cable TV show". He said he felt the exposure was very good. Motion offered by Stein, seconded by Galvis that the public hearing be closed and the meeting be adjourned. Carried (9:30 PM) �;. ZISA . .QMA� 11� I ABSENT DEPUTY MAYOR ROGER B. MATTEI <g.e>UNCILWOMAN JUANITA TRAMMELL ��N C