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, August 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. Present - Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Manager James S. Lacava, City I Attorney Richard E. Salkin and City Clerk Doris L. Dukes Absent - Councilmen Roger B. Mattei and Jesus R. Galvis 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 by posting a copy on the Bulletin Board in City Hall." Mayor Zisa called for a motion to approve the minutes of the meeting held August 4, 1997. Motion offered by Stein, seconded by Trammell, that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 17-97 ENTITLED: "AN ORDINANCE TO AMEND CHAPTER 170 SECTION 50 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED 'VEHICLES AND TRAFFIC-SCHEDULE I: NO PARKING'". Mayor.Zis�: "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 I Mayor Zisa asked if anyone wished to be heard regarding this ordinance. There was no response. Motion offered by Stein, seconded by Trammell, that the public hearing be closed. Carried Resolution #254 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. 17-97 entitled: "AN ORDINANCE TO AMEND CHAPTER 170 SECTION 50 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED: 'VEHICLES AND TRAFFIC-SCHEDULE I: NO PARKING'", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Trammell, Stein, Zisa Absent - Mattei, Galvis Resolution #255 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, pursuant to an advertisement in The Record, bids were received on August 5, 1997, for PRINTING REQUIREMENTS, for the City of Hackensack for the period September 1, 1997 to August 31, 1998 I and; WHEREAS, three bids were received as follows: Hawk Graphics, Inc., AB Tech Printing, Inc., J.C. Graphics, Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the PRINTING REQUIREMENTS be awarded to J.C. Graphics, Inc., 1 Farview Avenue, Paramus, NJ 07652; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in various accounts of the Current Fund. Roll Call: Ayes - Trammell, Stein. Zisa Absent - Mattei, Galvis Resolution #256 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, pursuant to an advertisement in The Record, bids were received on August 5, 1997, for the Removal of Brushes, Wood Chips and Tree Logs for the City of Hackensack and; I WHEREAS, two bids were received as follows: A. Fiore and Sons, and Nature's Choice Corporation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the contract for the Removal of Brushes, Wood Chips and Tree Logs be awarded to A. fiore and Sons, 1230 Mccarter Hwy, Newark, NJ 07104 in the amount of $317.00 per each container; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account number 7-010-430-276 of the Current Fund. Roll Call: Ayes - Trammell, Stein, Zisa Absent - Mattei, Galvis Resolution #257 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, pursuant to an advertisement in The Record, bids were received on August 5, 1997, for the purchase of Tires and Tubes for the City of Hackensack; and WHEREAS, . one bid was received from Babek Commercial Tire Service, Inc.; I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for Tires and Tubes be awarded to Babek Commercial Tire Service, Inc., 178 Green Street, Hackensack, N. J., 07601 pursuant to the proposal submitted on August 5, 1997, listing the types and prices per tire; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in various accounts of the Current Fund. Roll Call: Ayes - Trammell, Stein, Zisa Absent - Mattei, Galvis Resolution #258 OFFERED BY: TRAMMELL SECONDED BY: STEIN 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 applications on file in the office of the City Clerk: RA:l537 Heightened Independence and Progress Roll Call: Ayes - Trammell, Stein, Zisa Absent - Mattei, Galivs Resolution #259 OFFERED BY: STEIN SECONDED BY: BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the TRAMMELL I following refunds for the reasons stated: $125.00 to Lynda Brindley, 100 Prospect Ave., Hackensack, NJ, for Summons #H216871, defendent not guilty. 58.00 to Anthony Karcich, 397 Sutton Ave. , Hackensack, for a summons paid in error.  Amount Block Lot Name Year Rsn. $7,486.39 500B 1 Mandelbaum & Mandelbaum, Att. 1994 STB Trust Acct. 7,891.70 500B 1 1995 STB II fl " ., " 8,106.28 500B 1 1996 STB " fl " " .. 1,656.00 69 1 Vincent & Cesarina Zito 1997 CTB Roll Call: Ayes Trammell, Stein, Zisa Absent - Mattei, Galvis I Resolution #260 OFFERED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack SECONDED BY: STEIN that the Mayor and City Clerk be and they are hereby authorized to execute a renewal agreement between the City of Hackensack and the Borough of River Edge for the Sewer Connection for Boodles Restaurant located in River Edge. Roll Call: Ayes - Trammell, Stein, Zisa Absent - Matti, Galvis Resolution #261 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be and hereby is authorized to execute an agreement with the Department of Community Affairs of the State of New Jersey, confirming the participation of the City of Hackensack in the "State-Local Cooperative Housing Inspection Program" administered by the Bureau of Housing Inspection Department for the period of July 1, 1997 to December 31, 1997. Roll Call: Ayes - Trammell, Stein, Zisa Absent - Mattei, Galivs I Resolution #262 OFFERED BY: TRAMMELL WHEREAS, P & R Enterprises is the owner and taxpayer of SECONDED BY: STEIN certain real properties known as Block 205, Lot 3 designated as 58- 60 Main Street; and WHEREAS, the taxpayer filed an appeal to its 1995 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $982,000; 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 I authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "P & R Enterprises v. City of Hackensack", Docket No. 009373-95 presently pending in the Tax Court of New Jersey so that the assessment be reduced to $825,000 for 1995 and that the Freeze Act (N.J.S.A. 54:51A-8) be incorporated into such settlement documents; 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 - Trammell, Stein, Zisa Absent - Mattei, Galvis Resolution #263 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, 75 Essex Street Associates is the owner and taxpayer of certain real property known as Block 76, Lot 53 designated as 75 Essex Street; and WHEREAS, the taxpayer filed appeals to its 1996 and 1997 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $1, 850, 000; and I WHEREAS, upon review of information submitted, reductions appear appropriate; and WHEREAS, it is the recommendation of the 'l'ax Attorney, Tax Appraiser and Tax Assessor that these matters 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 "75 Essex Street Associates v. City of Hackensack", Docket Nos. 003615-96 and 000854-97 presently pending in the Tax Court of New Jersey so that the assessment be reduced to $1, 700, 000 for 1996 only with the original assessment of $1,850, 000 to be retained for 1997; 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 - Trammell, Stein, Zisa Absent - Mattei, Galvis Resolution #264 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Joseph and Angelo Lobosco are the owners and taxpayers of certain real property known as Block 331, Lot 3 designated as 227 Central Avenue; and WHEREAS, the taxpayers filed appeals to their 1995 and 1996 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $289, 500; and WHEREAS, upon review of information submitted, reductions appear appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters 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 "Lobosco, Joseph and Lobosco, Angelo v. City of Hackensack", Docket Nos. 009448-95 and 008843-96 presently pending in the Tax Court of New Jersey so that the assessments be reduced to $255, 000 for 1995 and 1996 and that the provisions of the Freeze Act (N.J.S.A.54:51A-8) be incorporated into such settlement  documents; 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 - Trammell, Stein, Zisa Absent - Mattei, Galvis Resolution #265 OFFERED BY: TRAMMELL SECONDED BY: STEIN I WHEREAS, Cambridge Manor is the owner and taxpayer of certain real property known as Block 257, Lot 3 designated as 45-81 Cambridge Terrace; and WHEREAS, the taxpayer filed appeals 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 is $3, 492, 000; and WHEREAS, upon review of information submitted, reductions appear appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters 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 "Cambridge Manor v. City of Hackensack", Docket Nos. 004585-95 and 003679-96 presently pending in the Tax Court of New I Jersey so that the assessment be reduced to $3, 242, 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 - Trammell, Stein, Zisa Absent - Mattei, Galvis Resolution #266 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the bills inthe following accounts be and are hereby ordered paid: General Account $ 1, 497, 624.45 Public Assistance II Account 13, 048.95 Capital Account 12, 785.40 Public Parking System Account 3, 517.51 Payroll Agnecy Account 305, 007.2 1 County Com. Dev. Block Grant Acct 159, 786.38 BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. I Roll Call: Ayes - Trammell, Stein, Zisa Absent - Mattei, Galvis Resolution #267 OFFERED BY: TRAMMELL SECONDED BY: STEIN · WHEREAS, the Mayor and Council of the City of Hackensack wishes to enter into a grant agreement with the County of Bergen for the purpose of using $356, 8 1 1.00 in 1997 Community Development Block Grant funds for Barrier Free Curb Cuts to various streets; and  WHEREAS, the Mayor and Council recognizes that the City of Hackensack is liable for any funds not spent in accordance with the grant agreements pursuant to HUD requirements. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they are hereby authorized to sign the aforesaid grant agreement and that the Chief Financial Of f icer is hereby authorized to sign all County vouchers submitted in connection with the aforesaid projects. Roll Call: Ayes - Trammell, Stein, Zisa I Absent - Mattei, Galvis 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, before opening the meeting to the public, advised that the City Attorney has been given directions for a resolution regarding the Essex Street project. He brought those present up to date as follows: The County is going to widen Essex Street. At this point, work has not begun. Once we have provided a means for the merchants to operate, they will proceed. The area between Prospect Avenue and Summit Avenue is the only area that has not been widened. This will eliminate on-street parking on Essex Street. The City is responsible for the engineering costs and the County is responsible for the Construction costs. The City will not pay the engineering costs if it jeopardizes the merchants. The project is going to happen. The City must find a way to accommodate the merchants. We must make a decision to pave the property in the rear, now owned by the City and provide parking, or whether there is a project that would be better for the merchants. We've directed the City Attorney to develop a resolution that would protect the merchants and would only endorse a redevelopment project with the stipulation of First Right of Refusal. If new stores should be developed, space to accommodate the merchants would be guaranteed. The merchants would only pay comparable rents. If the rear portion was to be developed, merchant;s would be able to continue to I operate, still have on-street parking and only at this time would the present buildings be demolished. We would only continue forward under these conditions. Councilman Stein added that no development plan is in place. Once the Council acts on a resolution, it goes to the Planning Board for a plan to be developed. It then comes back to the Mayor and Council. The Mayor pointed out that had nothing been done, the City would not have owned the parking.in the rear. He then opened the meeting to the public for discussion of City business. The following made comments and voiced their opinions on the Essex Street widening project. The Mayor answered their questions and/or made additional comments: Joseph Lascala, Kaplan Avenue Dorothy Smith, Kaplan Avenue Joseph Rossi, 245 Cedar Avenue - Owner, Essex St. Pharmacy Romano Crosby, 277 Prospect Avenue Joan Heffner, Richard Rankin, Howard Williams, Alfred Williams, Prospect Avenue 430 Union Street 316 Passaic Street 343 Kaplan Avenue I Rev. Vandermere Mr. Breslow, resident Sam Hyehu, 256 Kaplan Avenue W. Hyehu, 256 Kaplan Avenue Mrs. Galzie, 77 Prospect Avenue Sam Soo, 168 Boulevard, New Milford - Merchant on Essex St � Suzanne Snjedermann, 342 Summit Avenue  May Tam, 786 George Street, Teaneck - Merchant on Essex St Mike Taltry, Merchant on Essex Street Dorothy Schwartz, 47 Prosect Avenue, addressed Ordinance #10-97 regarding rents for qualifying Senior Citizens. She said that the ordinance is in shambles and is a fiasco. She stated that Mr. Greenwood is making it very difficult. He wants telephone numbers which are not required, rejects Medicaid cards and wants Birth Certificates. I Mayor Zisa asked the City Attorney to verify some of the items and do a follow-up. Larry Riley, Rowland Avenue, made comments regarding the Hospital's non-profit status. The Mayor recommended that he write the legislators and let them know what a burden the hospital places on the City's taxpayers. Rainer Olster, 44 Union Street, also commented on the hospital's non-profit status. The meeting recessed at 11:15 P. M. and reconvened at 11:25 P.M. Discussion continued on the Essex Street widening project. Ann Fenner, 381 Essex Street, asked what is being done about the owners of the four (4) houses on the south side of Prospect Avenue. The mayor replied that he does not know what will take place on the south side. Mr. Olster spoke about the power failure that occurred in the City over the weekend. Motion offered by Stein, seconded by Trammell that the public I hearing be closed and the meeting be adjourned. (Carried) 11:40 P.M. MAOJOHN'F ZISA ABSENT COUNC ILMAN ROGER B. MATTEI ABSENT COUNC ILMAN JESUS R. GALVIS EPUTY MAYOR J ANITA TRAMME c� I ATTEST: �£� City Clerk