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, April 7, 1997. Mayor Zisa called the meeting to order at 8: 00 P. M. and asked everyone to stand for the flag salute. The Mayor 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 Mayor Zisa, before starting the regular business of the meeting, presented Arrie Blizzard, Sanitation Employee, with a clock plaque in commemoration of his retirement with over 26 years of service to the City of Hackensack. Mr. Blizzard thanked the Mayor and received congratulations and best wishes from the members of Council, City Attorney, City Manager and City Clerk. Mayor Zisa called for a motion to approve the minutes of the meetings held March 17, 1997. Motion offered by Stein, seconded by Galvis that the minutes be approved as submitted. Carried. FINAL ADOPTION OF ORDINANCE NO. 4 -97 ENTITLED: "BOND ORDINANCE PROVIDING FOR SEWER IMPROVEMENTS TO VARIOUS ROADS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $500, 000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $4 75, 000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST I 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 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 #96 OFFERED BY: MATTEI 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. 4 -97 entitled: "BOND ORDINANCE PROVIDING FOR SEWER IMPROVEMENTS TO VARIOUS ROADS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $ 500, 000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $4 75, 000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF", pass its second and final reading and is hereby adopted. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa FINAL ADOPTION OF ORDINANCE NO. 5-97 ENTITLED: "BOND ORDINANCE PROVIDING FOR THE RESURFACING OF PROSPECT AVENUE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $175, 000 THEREFOR, INCLUDING $135, 000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE ISSUANCE OF $166, 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 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, 4 7 Prospect Avenue, asked when will the work begin. Mayor Zisa said, under normal procedures, the project should begin in about ninety (90) days. I Motion offered by Trammell, seconded by Mattei that the public hearing be closed. Carried Resolution #97 OFFERED BY: STEIN 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. 5-97 entitled: "BOND ORDINANCE PROVIDING FOR THE RESURFACING OF PROSPECT AVENUE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $175, 000 THEREFOR, INCLUDING $135, 000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE ISSUANCE OF $166, 000 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 - Mattei, Galvis, Trammell, Stein, Zisa FINAL ADOPTION OF ORDINANCE NO. 6-97 ENTITLED: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NO. 6-95 FINALLY ADOPTED APRIL 3, 1995, IN I ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION 3 (a)". 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 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 Galvis that the public hearing be closed. Carried Resolution #98 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and �tate of New Jersey that Ordinance No. 6-97 entitled: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NO. 6-95 FINALLY ADOPTED APRIL 3, 1995, IN ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION 3 (a)", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #99 OFFERED BY: MATTEI SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack I that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: $ 70.00 Joannis A. Patentas, 510 Closter Dock Rd., Closter, NJ 07624 for duplicate food establishment license  60 I $ 45. 00 Angel A. Ferrer, 113 Kansas St. , Hackensack, NJ for Summons H497448 paid in error. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #100 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the City of Hackensack's Department of Health has a need to provide childhood lead poisoning control services for the children and families of Hackensack; and I WHEREAS, the State Medicaid program provides financial reimbursement to public health agencies who provide certain environmental lead inspection and screening services to their Medicaid eligible children and families; and WHEREAS, it is necessary for the Health Officer to apply for a Medicaid provider number to obtain reimbursement through the Medicaid program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that John G. Christ, Health Officer, be and is hereby authorized to participate in the Medicaid environmental lead inspection/lead screening reimbursement program and to apply to the Medicaid program for a provider number. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #101 OFFERED BY: GALVIS SECONDED BY: STEIN 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 Kennedy Street and Taylor Avenue, on February 4 , 1997; and WHEREAS, the governing body is satisfied that an emergency did I exist and that immediate action was necessary to correct the condition; and WHEREAS, the estimated cost to correct the condition is $3, 102. 00, including engineering fees, which is a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #7-070-530-204 of the Current Fund, P. O. #99000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that Colonnelli Bros. Inc. , 409 South River Street, Hackensack, NJ, be paid, pursuant to N. J. S.A. 4 0A: l l-6, which authorizes the governing body to award contracts without public bidding in emergency situations. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #102 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that Check #564 3, dated September 15, 1995, in the amount of $1, 000. 00, submitted by BCG Marble & Granite Fabricators Co., Inc. , 167 Sussex Street, Hackensack, NJ, as an escrow deposit for the I paving of the parking lot at 167 Sussex Street, Hackensack, NJ, be released and returned to the company. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #103 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the City of Hackensack has received Change Order No. 1 from James C. Anderson Associates, who has been authorized to provide environmental investigative and monitoring well installation services at Fire Headquarters; and  WHEREAS, due to additional unanticipated conditions the scope of the services and materials will exceed the original proposal; and WHEREAS, John Christ, Health Officer, has recommended that said Change Order be approved; and WHEREAS, the Chief Financial Officer has certified that funds are available from Account #X-050 I12-003 of the Capital Fund in the amount of $1, 310.00, Purchase Order #98363 NOW, THEREFORE, BE IT RESOLVED that Change Order No. 1 for James c. Anderson Associates, Inc., be and is hereby approved. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #104 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, the Food and Drug Administration has promulgated new regulations which limit youth access to cigarettes and smokeless tobacco, and also limit the location and method of advertising that the tobacco industry may employ; and WHEREAS, said new Food and Drug Administration regulations preempt local and state laws regulating tobacco sale and use; and WHEREAS, said new Food and Drug Administration regulations provide an opportunity for municipal governments to apply for an exemption to preemption for local tobacco products laws that are more stringent than the new Food and Drug Adminstration regulations; and WHEREAS, the City of Hackensack has enacted Ordinance No. 12- 95, which limits youth access to cigarettes and smokeless tobacco products and is more stringent· than the similar Food and Drug I Administration regulations; and WHEREAS, the Mayor and Council are desirous of preventing youth access to tobacco and maintaining Hackensack's local regulations. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Mayor John F. Zisa be and is hereby authorized and directed to apply to the Food and Drug Administration for exemption of our local Sale of Tobacco Products Ordinance from preemption by the Food and Drug Administration regulations. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #105 OFFERED BY: GALVIS SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct a Raffle and Amend a Raffle License in accordance with the applications on file in the office of the City Clerk: RA: 1528 Jewish Family Service, Inc. of Bergen County RL: l527 (To Amend) The Columbians Roll Call: Resolution #106 Ayes - Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: TRAMMELL SECONDED BY: GALVIS I WHEREAS, Threegees, a partnership, is constructing twelve (12) one-family residences at Blocks 14 4 and 145, Lots 2A, 30, 51-55 in the City of Hackensack; and WHEREAS, it is necessary that the developer of this proj ect obtain from the Department of Environmental Protection a Sewer Extension Permit WQM-003; and  WHEREAS, pursuant to statute, it is required that the municipality certify that the proj ect is in conformance with the requirements of all municipal ordinances and that the governing body of the municipality approves of the proj ect as proposed by the applicant and that the City does not object to the application of a Sewer Extension Permit. NOW, THEREFORE, BE IT RESOLVED that the Mayor, City Clerk and all other appropriate City officials be and they hereby are authorized to execute the above-described endorsement form required by the N.J. Department of Environmental Protection; and I BE IT FURTHER RESOLVED that no construction permits be issued until all permit applications required by any Department or Division of the State of New Jersey have been approved. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #107 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, on March 17, 1997, the Mayor and Council of the City of Hackensack did, by approval of Resolution No. 95, authorize the preparation and filing of an application for a grant to undertake preliminary assessments and site investigation of certain properties located in the City of Hackensack pursuant to N.J.S.A. 58: lOB-4 et seq. (the "Hazardous Discharge Site Remediation Fund"); and WHEREAS, in connection with the preparation and filing of such application, it is necessary to engage the services of a licensed engineer; and WHEREAS, it is the desire of the Mayor and Council to engage the services of Malcolm Pirnie Inc., One International Boulevard, Mahwah, New Jersey 07495, to provide such professional services; 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 itself must be available for public inspection; and WHEREAS, any compensation to be paid to Malcolm Pirnie Inc. for these services will be limited to the amount allocated for such engineering services within the grant award, if obtained; and if no such grant is awarded, Malcolm Pirnie Inc. will not be entitled to compensation from the City for these services; and WHEREAS, in the event that a grant is awarded, the Mayor and Council will, if appropriate, approve a future Professional Services Contract with Malcolm Pirnie Inc. to specifically fix the terms and conditions of such contract; and WHEREAS, it is the specific intention of this Resolution to authorize Malcolm Pirnie Inc. to take all necessary and appropriate steps to assist in the preparation and submission of the aforedescribed grant application. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they hereby are authorized to execute an agreement with Malcolm Pirnie Inc., One International Boulevard, Mahwah, New I Jersey 07495, in furtherance of the preparation and submission of the aforedescribed grant application; and BE IT FURTHER RESOLVED that a copy of the Agreement shall, upon execution, be retained by the City Clerk and made available for public inspection; and 63 BE IT FURTHER RESOLVED that no publication of this action is necessary as it does not involve the expenditure of any public funds by �he City of Hackensack. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #108 OFFERED BY: STEIN 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 I paid: General Account $ 7, 156, 388.67 Public Assistance I Account 892.4 0 Public Assistance II Account 17, 558.80 Capital Account 326, 287.21 Public Parking System Account 8, 056.59 Trust Account 7, 014.00 Payroll Agency Account 173, 588.11 County Com. Dev. Block Grant Account 37, 880.80 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 #109 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, Widad Rafla is the owner/taxpayer of certain real property known as Block 419, Lot 31 designated as 75-81 Anderson Street; and WHEREAS, the taxpayer has filed appeals to its 1995 and 1996 real property tax assessment, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $423, 700 for both 1995 and 1996; and I 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 "Widad Rafla v. City of Hackensack" Docket Nos. 009102-95 1 and 008061-96 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $4 00, 000 for 1995 and 1996 and that the provisions of the Freeze Act apply for 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: Resolution #110 Ayes - Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: TRAMMELL SECONDED BY: MATTEI I WHEREAS, DiCarolis Realty Co. is the owner and taxpayer of certain real properties known as Block 218, Lot 14 designated as 33 DiCarolis Court, Block 218, Lot 8 designated as 126 John Street, and Block 218, Lot 3 designated as 108-110 John Street; and WHEREAS, the taxpayer filed appeals to its 1994 , 1995 and 1996 real property tax assessments, which matters are presently pending  in the Tax Court of New Jersey; and WHEREAS, the yearly assessments are $2, 359, 100 for Block 218, Lot 14, $257, 4 00 for Block 218, Lot 8 and $760, 000 for Block 218, Lot 3; and WHEREAS, upon review of information submitted, reductions appear appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and I 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 "DiCarolis Realty Co. v. City of Hackensack", Docket Nos. 012882-94, 002854 -95 and 001233-96 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $2, 033, 200 for Block 218, Lot 14 , to $207, 400 for Block 218, Lot 8, and that the assessment for Block 218, Lot 3 be sustained 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 - Mattei, Galvis, Trammell, Stein, Zisa Resolution #111 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, Maisano Properties, LLC, is the owner and taxpayer of certain real properties known·as Block 100.B, Lot 1, designated as I 215 Ellen Terrace; and WHEREAS, the taxpayer has filed an appeal to its 1996 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment is $375, 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 "Maisano Properties v. City of Hackensack", Docket No. 0084 95-96, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $250,000; 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. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #112 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, Principle Mutual Life Ins. is the tenant/taxpayer of certain real property known as Block 500.A, Lot 2 and Block 500.B, Lot 1 designated as 180 Temple Avenue and Woodbridge Avenue, 65 respectively; and WHEREAS, the taxpayer has filed appeals to its 1994, 1995 and 1996 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 $10, 711, 800 for Block 500.A, Lot 2, and $1, 991, 600 for Block 500.B, Lot 1 for each of the years under appeal; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax I 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 "Principle Mutual Life Ins. v. City of Hackensack", Docket Nos. 006867-94 , 002296-95 and 0014 91-96 for Block 500.A, Lot 2 and 006868-94 , 002293-95 ' and 0014 92-96 for Block 500.B, Lot 1 which are presently pending in the Tax Court of New Jersey, so that the assessments be reduced for Block 500.A, Lot 2 to $9, 246, 800, and for Block 500.B, Lot 1 to $1, 753, 200 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. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #113 OFFERED BY: GALVIS SECONDED BY: TRAMME LL BE IT RESOLVED by the City Council of the City of Hackensack that the appointment of Victor Barrios, 90 Prospect Avenue - #7D, Hackensack, NJ, as a member of the Local Assistance Board to fill an unexpired term, made by the City Manager, be confirmed. Said appointment will expire December 31, 1998. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #114 OFFERED BY: MATTEI SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that Michael Rodak, 133 Krone Place, Hackensack, NJ, be appointed Alternate Member of the Zoning Board of Adjustment to fill the unexpired term of Gregory Dunlap for a term to expire December 31, 1998. 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 Attorney and members I of Council if they had anything to report. They did not. Mayor Zisa said Resolution #104, supports the limitation to the access of tobacco announced that he was recognized by the State Department of Health in Trenton for our efforts. He also stated the Governor stopped by the High School during the performance of their play on Thursday, April 3rd. The Mayor recognized the Economic Development Commission for the Press Conference they put together on March 21st.  Congratulations were extended by Councilman Stein and City Attorney Salkin for the team of students who participated in an Academic Decathlon and Odyssey of the Mind. ·Both of whom were winners. Mayor Zisa opened the meeting to the public for discussion of City business. Erma LoProsto, Byrne Street, addressed the article in the newspaper regarding an increase in property taxes. She said she I hopes a level can be maintained for everyone. Sylvia Black, Essex Street, asked questions regarding her request to hold a flea market on City property. It was pointed out that the request was just received and an answer will be forthcoming. Rainer Olster, 14 4 Union Street, raised questions about the bill list which were clarified. Jack Donovan, Willow Avenue, stated he did not feel "government" should get involved with the tobacco laws. Mayor Zisa advised him that the percentage of under-aged getting cigarettes from vending machines is very high. Mr. Donovan commented on the taxes, schools and the need for a professional City Manager. Dorothy Schwartz, 4 7 Prospect Avenue, took exception to the area of Block 24 0A being described as "Blight" in the Record. Richard Rankin, 4 30 Union Street, asked for an update of 391 Park Street as it relate's to the people being evacuated due to the water having to be turned off. City Attorney Salkin responded that until the water bill is paid by the owner, the building will be uninhabitable. He I explained the status. The bill was in the area of $20,000. Leonard Nix, 83 Elm Avenue, addressed several items including hazardous sites. Mayor Zisa responded. Rainer Olster, 144 Union Street, asked for an explanation of remediation sites. The Attorney responded. Motion offered by Mattei, seconded by Stein that the public hearing be closed and the meeting be adjourned. Carried (10: 00 P.M. I