City Council

.3/ The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, February 18, 1997. 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. I Present: Deputy Mayor Roger B. Mattei, Councilman Jesus R. Galvis, Councilwoman Juanita Trammell, Councilman 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 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." FINAL ADOPTION OF ORDINANCE NO. 2-97 ENTITLED: "AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 32 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED 'POLICE DEPARTMENT'". Mayor Zisa: "This Ordinance has been advertised according 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 to be heard on this ordinance. Dorothy Schwartz, 47 Prospect Avenue, asked several questions I relating to the section of the ordinance dealing with "H-COPS" (the special Law Enforcement Officers Program) . She wanted to kno� who would serve in this capacity, if they would carry guns, if they would be trained and for how long. Mayor Zisa responded to her questions. The City Manager also added his comments on some of the questions. Rainer Olster, 144 Union Street, made a comment on the subject. There being no further speakers, a motion was offered by Stein seconded by Galvis that the public hearing be closed. Carried Resolution #48 OFFERED BY: TRAMMELL SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey that Ordinance No. 2-97 entitled: "AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 32 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED 'POLICE DEPARTMENT'", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #49 OFFERED BY: ,MATTEI SECONDED BY: STEIN I BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct a Raffle in accordance with the application on file in the office of the City Clerk: RA:1521 Tisdale School P.T.O. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #50 OFFERED BY: STEIN SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that the following be appointed to serve as members of the Hackensack Alliance to Prevent Alcohol and Drug Abuse (HAPADA) Committee: John Christ, 65 Central Avenue Caesar Clay, 1152 Summit Avenue, Teaneck Marcella Davis, 65 First Street I Reinaldo Gonzalez, 190 Euclid Avenue George James, 108 Gamew�ll Street Deborah Karlsson, 166 Kent Street Nathan S. Kirsch, 565 Summit Avenue Michael Mariniello, 65 Central Avenue Anthony M. Marseglia, 200 Ross Avenue Eugene Marshall ; 119 Poplar Avenue Charlotte Panny, 65 Central Avenue Kathy Razon, 280 Vincent Avenue Lt. Joseph Roman, 65 Central Avenue Victoria Taylor, 120 Atlantic Street Councilwoman Juanita Trammell, 65 Central Avenue Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #51 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, the New Jersey State Department of Health requires all local health departments to file an annual report each year; and WHEREAS, the annual report for calendar year 1996 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. A motion was offered by Mattei, seconded by Trammell, to amend the resolution to add "pending receipt of "The Report". Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #52 - Authorizing the Mayor to sign a WQM003 Endorsement for a sewer extension permit for 150 Grand Avenue Corporation, Inc. was tabled on motion offered by Stein, seconded by Trammell and unanimously carried. Members of Council requested additional information before taking action. Resolution #53 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, it is the wish of the City of Hackensack to conform with Chapter 119, Laws of 1973, N.J.S.A. 54:4-14 Governing Reg. 18:12A-1.6, which deals with Petition of Appeal; and WHEREAS, the Bergen County Board of Taxation shall not accept, for filing, any Petitions of Appeal by the taxing district unless I the petition is accompanied by a certified copy of a resolution of the governing body authorizing the appeal; and WHEREAS, upon continuing review of the tax list it may become apparent that :inequities may exist or errors may have been made which will require correction by appeal to the Bergen County Board of Taxation. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that they hereby authorize the Tax Collector and/or the City Tax Attorney and/or City Attorney to execute Petition of Appeal by the City of Hackensack to the Bergen County  33 Board of Taxation in any and all cases where inequities or errors may exist for the tax year 1997, and further authorize the Tax Collector and/or City Tax Attorney and/or City Attorney to take any and all actions that may be required to prosecute same to the final determination. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #54 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, there exists a need for the Hackensack Health I Department to provide physician services; and WHEREAS, the Pediatric Department of Hackensack University Medical Center can provide professional services and their Outpatient Department has agreed to provide said services for the year 1997 for an amount not to exceed $6, 762.00; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional services without competitive bidding and the contract itself must be available for public inspection; and WHEREAS, a certificate establishing that funds are available from Account #7-010-610-208 of the Current Fund in the amount of $6, 762.00 (P.O. #98533) has been issued by the Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that: 1. The Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with the Pediatric Department of Hackensack University Medical Center to perform the aforementioned services effective January 1, 1997 through December 31, 1997. I 2. This contract is awarded without competitive bidding in accordance with N.J.S.A. 40A:ll-5 (1) of the Local Public Contracts Law. 3. That a notice of this resolution be published once in The Record. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #55 OFFERED BY: GALVIS SECONDED BY: MATTEI BE IT RESOLVED that transfers totaling $138, 700.00 be made between the 1996 budget appropriations indicated in accordance with N.J.S.A. 40A:4-58: CURRENT APPROPRIATIONS INSIDE CAP FROM: Tax Collector O/E $ 1, 500.00 Legal Services O/E 33, 200.00 Group Insurance Plan O/E 82, 000.00 Police 0/E 15, 000.00 Snow Removal S/W 5, 000.00 I Recreation O/E 2, 000.00 TOTAL $ 138, 700.00 INSIDE CAP TO: Financial Administration O/E 2, 000.00 Bldgs. & Grounds O/E 3, 500.00 Fire O/E 1, 500.00 Police S/W 10, 000.00 31 EMT 0/E 500.00 Building Inspectors O/E 500.00 Property Inspection S/W 4, 200.00 Community Development 0/E 500.00 DPW O/E 500.00 Garbage & Trash O/E 3, 000.00 Recycling O/E 500.00 Sanitary Landfill O/E 100, 000.00 Sewer O/E 7, 500.00 Parks & Playgrounds O/E 500.00 OUTSIDE CAP $ 134, 700.00 I TO: Municipal Court 0/E 4, 000.00 TOTAL $ 138, 700.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #56 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, the City of Hackensack wishes to apply for grant funding for a project under the Safe and Secure Communities Program; and WHEREAS, the Mayor and Council of the City of Hackensack have reviewed the application and have approved said request; and WHEREAS, the project is a joint effort between the Department of Law and Public Safety and the City of Hackensack for the purpose described in the application. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. As a matter of public policy, the City of Hackensack wishes to participate to the fullest extent possible with the Department of Law and Public Safety. 2. The Attorney General will receive funds on behalf of the applicant. 3. The Division of Criminal Justice shall be responsible for the receipt and review of the applications for said funds. 4. The Division of Criminal Justice shall initiate allocations to each applicant as authorized. 5. The aforementioned application seeks a grant of $60, 000.00 to fund a project entitled "Park and Walk Program"; and BE IT FURTHER RESOLVED that the Mayor, City Clerk and all other appropriate City officials be and they hereby are authorized to execute any and all documents necessary for the perfection and filing of said application. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #57 OFFERED BY: TRAMMELL SECONDED BY: WHEREAS, an emergent condition has risen with respect to MATTEI I annual contracts and anticipated grants, and no adequate provision has been made in the 1997 temporary appropriations for the aforesaid purpose and N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above­ mentioned; and WHEREAS, the total emergency resolutions adopted in the year 1997 pursuant to the provisions of N.J.S. 40A:4-20 (Chapter 96,  P.L. 1951, as amended) including this resolution total $10,919,394.74. NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S. 40A:4-20: 1) An emergency temporary appropriation be and the same is made for annual contracts and anticipated grants in the amount of $146,500. I 2) provided That said emergency temporary appropriation will be for in the 1997 appropriations listed below. budget under the title of those 3) That one certified copy of this resolution be filed with the Director of Local Government Services. CURRENT APPROPRIATIONS Public Bldgs. - Other Expenses $ 25,000.00 DPW - Other Expenses 10,000.00 Public Health Priority Funding-Other Expenses 7,500.00 Public Health Clinic - Other Expenses 35,000.00 Dog Warden - Other Expenses 25,000.00 Human Services - Other Expenses 3,000.00 H.A.P.A.D.A. - Other Expenses 5,000.00 PEOSHA - Other Expenses 15,000.00 Interlocal Agreement - Other Expenses 16,000.00 Clean Communities - Salaries 5,000.00 $ 146,500.00 Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein, Zisa I Resolution #58 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, there is a need for professional architectural and planning services for a redevelopment area designation Analysis of Block 240A; 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-3(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 City Council of the City of Hackensack to retain the service of Ecoplan, to determine whether Block 240A qualifies as an area in need of redevelopment, pursuant to statute; and WHEREAS, 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, a certificate has been provided by the Chief Financial Officer establishing that funds are available for this I contract from Account No. 7-070-900-201 of the UDAG Trust Fund in an amount not to exceed $10,000.00, P. o. #98304, as detailed in a Letter Proposal dated January 2nd, 1997; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The City Council of the City of Hackensack are hereby authorized and directed to execute the Letter Proposal dated January 2nd, 1997, submitted by Ecoplan, Englewood Cliffs, New Jersey.  2. This contract is awarded without competitive bidding as professional services in accordance with N.J.S.A. 40A:ll-5 (1) (a) 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. The City Clerk be and hereby is directed to retain a copy of the Letter Proposal for public inspection and to publish notice of this action once in The Record. Roll Call: Resolution #59 Ayes - Mattei, Galvis, Trammell, Stein, OFFERED BY: MATTEI SECONDED BY: Zisa GALVIS 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 $ 6, 673, 899.00 Public Assistance II Account 17, 574.78 Capital Account 103' 061.27 Public Parking System Account 5, 608.44 Payroll Agency Account 85, 304.84 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 #60 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, Santo Sorce is the owner and taxpayer of certain real property known as Bloc'k 242.A, Lot 2 designated as 414 Essex Street; 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 I WHEREAS, the assessment for the subject property is $261, 500; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHERE�S, 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 "Santo Sorce v. City of Hackensack", Docket No. 013326-94 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $220, 000 for 1994 and that the provisions of the Freeze Act apply to said Judgment for 1995 and 1996; 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 - Mattei, Galvis, Trammell, Stein, Zisa Resolution #61 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, the individuals listed on the attached Schedule "A" are the owners and taxpayers of property located at 245 Prospect Avenue and designated as Block 343, Lot 12A, which is comprised of  individual condominium units also as set forth on the Schedule "A"; and WHEREAS, the taxpayers have filed appeals to their 1992 and 1994 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessments for the subject property are as set forth on the Schedule "A"; and I WHEREAS, upon review of information submitted, a reduction �ppears 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 "Jay Sklar v. City of Hackensack", Docket No. 000712-93; "Fette v. City of Hackensack", Docket No. 013235-94 and "Friedman v. City of Hackensack", Docket Nos. 013250 through 013283-94, all of which are presently pending in the Tax Court of New Jersey, so that the assessments be reduced as set forth on Schedule "A" attached hereto and made a part hereof; 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 I Resolution #62 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, a Bergen County Community Development Grant has been proposed by the Martin Luther King, Jr. ·Senior Center, Inc. in the amount of $1, 187, 500 for the acquisition, demolition work and construction of a recreation and senior center facility to be located at the property commonly known as 114 and 118 Atlantic Street, Hackensack, New Jersey; and WHEREAS, pursuant to the State Interlocal Service Act, community development funds may not be spent in a municipality without authorization of the governing body; and WHEREAS, in order for the aforedescribed grant application to proceed to even preliminary consideration and discussion by the Bergen County Community Development Program, an endorsement of the grant application must be obtained from the Mayor and City Council; and WHEREAS, the Mayor and Council of the City of Hackensack have reviewed the ·grant application submitted and fully support and endorse the performance, programs, and general goals of the Martin Luther King, Jr. Senior Center, Inc. with respect to its desire to obtain a facility superior to that which it presently has at its I disposal; and WHEREAS, the Mayor and Council note that they have been advised, both by the applicant and the Bergen County Community Development Program, that because of the dollar amount of the proposal, grant funding, if approved, would be provided on a multi­ year basis and the components of the grant to be initially funded are not known at this time; and WHEREAS, the Mayor and Council further note that because of the nature of this application, the proposed project appears to potentially entail a significant application for land-use development before a separate and autonomous body of the City of Hackensack; and WHEREAS, the enhancement of the program and goals of the Martin Luther King, Jr. Senior Center, Inc. is in the best interest of the people of Bergen County. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby confirm endorsement of the aforesaid project as follows: 1. The goal of the applicant to enhance and improve its services to the Bergen County community through obtaining or constructing a superior facility is endorsed. I 2. The Mayor and Council cannot set forth any statement regarding the amount of the funding as to any of the component parts of the application and leave same to the discretion of the Bergen County Community Development Program. 3. The Mayor and Council specifically decline to comment upon the proposed location of the facility. Any such comment might constitute unlawful interference with future consideration of this project by an appropriate land-use body of the City of Hackensack. This resolution shall not be interpreted as expressing favor or disfavor of any such application for development before any such Board; and BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Director of the Bergen County Community Development Program so that the applicant can process its application. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I Resolution #63 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the Economic Development Commission of the City of Hackensack has been authorized, by ordinance, to engage the services of professional· advisors in furtherance of the Commission's duties upon the receipt of the City Council approval; and WHEREAS, the Commission is desirous of engaging the services of CPR Marketing and Communications, 370 North Street, Teterboro, New Jersey 07608 to perform significant marketing, technical, production and coordination activities for the Commission on behalf of the City of Hackensack; and WHEREAS, the services to be performed by CPR Marketing and Communications are specialized and qualitative in nature and requires expertise, extensive training and proven reputation in the field of endeavor; they therefore constitute "extraordinary unspecifiable services" as that term is defined in the "Local Public Contracts Law" (N.J.S.A. 40A:ll-2) ; and WHEREAS, CPR Marketing and Communications has ·submitted a written proposal to perform these services for a period of one (1) year at a rate of $3, 250.00 per month; and I WHEREAS, the Mayor and Council of the City of Hackensack, on the recommendation of the Economic Development Commission, have determined that it is in the best interest of the people of the City of Hackensack to authorize the aforesaid agreement between the Commission and CPR Marketing and Communications; and WHEREAS, the Mayor and Council have determined that funds will be made available from an appropriate account to be established in the 1997 Budget; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for such specialized  extraordinary unspecifiable service without competitive bids and the contract itself must be available for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The Mayor and the Chairman of the Economic Development Commission are hereby authorized to execute an Agreement with CPR Marketing and Communications to perform the aforedescribed services for the aforementioned consideration. I 2. This contract is awarded without competitive bidding as it is a contract for the provisions of extraordinary unspecif iable services in accordance with N.J.S.A. 40A:ll-5 (1) (a) (ii) . 3. The City Clerk be and hereby is directed to retain a copy of the Agreement, upon execution, for public inspection and to publish notice for this action once in The Record. 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. Mayor Zisa opened the meeting to the public for discussion of City business. Lorraine Sauer, 301 Beech Street, addressed the issue of the amount of noise due to the corporate jets going in and out of the Teterboro Airport and how low they are flying. She requested action be taken by the Mayor and Council. She wanted to be assured that they will not increase their activity. Mayor Zisa advised her I that the City Manager has been in contact with them and someone from the City attends their meetings. He said we can tell the airport how we feel, but they are guided by the federal government. The City Manager added that a meeting with Teteboro officials has been scheduled to determine what their plans are. The Mayor recommended that Mrs. Sauer get someone from each building in the area to start a petition and to also notify the Congressman. This would also help the City. Jack Donovan, Willow Avenue, also made comments of a similar situation in Chicago. Leo Johnson, Kaplan Avenue, again· addressed the matter involving pickup trucks being parked in residential zones and asked if anything had been done regarding the "cap". Mayor Zisa pointed out the only way a change can be made relating to the "cap" is to change the ordinance. Mr. Johnson stated both he and his son received $58.00 tickets while their trucks were parked in his driveway and a $23.00 ticket for parking on the street. Mayor Zisa advised there will be a temporary approach for ticketing until the matter is resolved one way or the other. I Also speaking on the parking of pickup trucks in a residential zone were: Michael Privo, 15 Parkway, who received seven (7) tickets Rainer Olster, 144 Union St. and Jack Donovan, Willow Avenue Dorothy Schwartz, 47 Prospect Avenue, told the Mayor and Council of the experience she encountered with the Police Department when she applied for her gun permit. I Lfo Motion offered by Stein, seconded by Galvis that the public hearing be closed and the meeting be adjourned. Carried (9:40 P.M.) ,QUNCILWOMAN JUANITA TRAMMELL' I j� I I