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, December 1, 1997. Mayor Zisa called the meeting to order at 8:20 P. M. and asked everyone to stand for the flag salute. The Mayor then asked the City Clerk to call the roll. Present - Councilmen Roger B. Mattei, Jesus R. Galvis, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. I 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 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 November 17th, 1997. Motion offered by Stein, seconded by Trammell, that the minutes be approved as submitted. Carried RESOLUTION # 373 OFFERED BY: TRAMMELL SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct Bingo games in accordance with the application on file in the office of the City Clerk: BA:1543 Roman Catholic Church of the Holy Trinity Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #374 OFFERED BY: STEIN SECONDED BY: BE IT RESOLVED by the City Council of the City of Hackensack TRAMMELL that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: $ 30.00 to Shakir Saleem, 185 James St., Hackensack, NJ for a dupl. smoke detector inspection (120 Sussex St.) $ 120.00 to Rosemarie Vendra, 143 West. St, Hackensack, NJ for Electrical Permit #97-0731 which was not used ) Amount Block Lot Name Year Reason $5,408.12 57 12 Transamerica Mun. Finance 1997 Err.Pymt. 1,388.02 210 20 Blackpool Investors Grp Ltd 1997 Err.Pymt. 2,101.68 318 2 Blackpool Investors Grp Ltd 1997 Err.Pymt. 399.86 440 1.04 Raid, Charles J. 1997 Err.Pymt. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #375 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, Laphonzo McCain, Building Maintenance Worker, has requested a Leave of Absence for seven (7) Weeks without pay due to I medical reasons; and WHEREAS, James S. Lacava, City Manager, has determined that this employee be granted a seven (7) Week Leave of Absence as requested commencing November 17, 1997 to January 5, 1998 which shall be with group medical insurance per the Family Leave Act; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Laphonzo McCain, Building Maintenance Worker, be granted a seven (7) Week Leave of Absence without pay to terminate January 5, 1998; and  BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the employee's pension system by the Chief Financial Officer. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #376 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the public Health Priority Funding Act of 1977 provides for participation of local health agencies and makes I available financial aid to assist such agencies; and WHEREAS, the City of Hackensack has established and maintains a program of recognized public health activities and meets the minimum standards of performance as prescribed by the Public Health Council in accordance with the laws of the State of New Jersey; and WHEREAS, the Hackensack Health Department qualified for Public Health Priority Funding for the period of January 1, 1998 through December 31, 1998. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that John G. Christ, Health Officer of the City of Hackensack, be authorized to make application to the New Jersey State Department of Health and Senior Services for Public Health Priority Funding for the period January 1, 1998 through December 31, 1998. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #377 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, there exists various accounts payable on the books of the Current Fund; and WHEREAS, various purchase orders and contracts creating these accounts payable have been investigated, and it has been determined that they should be cancelled. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that various accounts payable in the total amount of $12,361.39 be cancelled. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #378 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, certain grant receivable balances appear on the balance sheet of the Current Fund 1 Report of Audit; and - WHEREAS, it is necessary to formally cancel these balances and their offsetting reserves where applicable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the following grant receivable balances and their offsetting reserves be and are hereby cancelled: Environmental Services 1 $2,500.00 Borg's Woods Nature Preserve 1995 $2,500.00 Hackensack Alliance to prevent Alcoholism & Drug Abuse Roll Call: 1996 $12,956.25 Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #379 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, the United States Department of Transportation, Federal Highway Administration regulations requires that all City employees required to possess a Commercial Driver's License to operate City vehicles shall be subject to periodic and random alcohol and controlled substance testing effective 1995; and  WHEREAS, these regulations stipulate that a City employee testing positive shall receive professional counselling by a Substance Abuse Professional at the direction of a Medical Review Officer; and WHEREAS, the Hackensack Medical Center offers an Employee Assistance program specifically designed to address substance abuse problems at a fixed annual fee not to exceed $6,000 per annum; and WHEREAS, the Local Public Contracts Law (N.J.S.A. A-1, et I seq.) 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. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack as follows: 1. That the Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with the Hackensack Medical Center to perform services for the peri9d effective October 1, 1997 through September JO, 1998. 2. That this contract is awarded without competitive bidding as a "professional service" in accordance with N.J.S.A. A-5-(1) of the Local Public Contracts law because same is expressly excluded from competitive bidding and without public advertising for bids as an authorized exception. 3. That a notice of this resolution be published once in The Record; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from the current fund, Account No. 7-010-291-284 in �n amount not to exceed $6,000 P.O. #102374. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #380 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, N.J.S.40A:4-19 provides for appropriation in a temporary resolution the permanent debt service requirements for the fiscal year, provided that such resolution is effective after December 20th of the year preceding the beginning of the fiscal year; and WHEREAS, the principal and/or interest will be due on various dates from January 1, 1998 to December 31, 1998 inclusive, on sundry notes and bonds issued from outstanding debt. NOW, THEREFORE, BE IT RESOLVED that the fallowing appropriations be made to cover the period from January 1, 1998 to December 31, 1998 inclusive, to be effective on December 20, 1997: DEBT SERVICE - CITY OF HACKENSACK Payment of Bonds $ 475,000.00 Interest on Bonds 483,882.50 Payment on Bonds Anticipation Notes 1,790,000.00 Interest on Notes 500,000.00 DEDICATED PUBLIC PARKING SYSTEM I Payment of Bond Anticipation Notes 300,000.00 Interest on Notes 150,000.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #381 OFFERED BY: STEIN SECONDED BY: TRAMMELL INTRODUCTION OF ORDINANCE NO. 29-97 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF HACKENSACK" •  BE IT RESOLVED that the above ordinance, being Ordinance No. 29-97 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on December 15, 1997, at 8:00 P.M, or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said Ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said Ordinance will be further considered for final passage. Roll Call: RESOLUTION #382 Ayes - Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: MATTEI SECONDED BY: 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: Current Fund Account $ 5,074,596.68 Public Assistance II Account 15,812.13 Capital Account 21,072.50 Public Parking System Account 33,536.61 Payroll Agency Account 91,436.27 County Community Development Block Grant Acct. 13,744.81 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 #383 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, pursuant to an advertisement in The Record, bids were I received on November 7, 1997, for the Design, Printing and photography of the 1998 City of Hackensack Recycling Calendar; and WHEREAS, bids were received from Hawk Graphics, Inc., JC & Company and Tapco, Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the Design, Printing and Photography of the 1998 City of Hackensack Recycling Calendar be awarded to Tapco, Inc., Fort Dix Road, Pemberton, New Jersey 08068, for the amount of $10,900.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #7-010-521-29W of the Current Fund; P. O. #102758 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #384 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, Gerald and Phyllis Simmons are the owners and taxpayers of certain real property known as Block 221, Lot 14, designated as 135 Lawrence Street; and WHEREAS, the taxpayers filed appeals to their 1996 and 1997 I real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, upon review of information submitted, reductions appear appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Appraiser 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 "Gerald Simmons, et al vs. City of Hackensack", Docket Nos. 8593-96 and 97 presently pending in the Tax Court of New Jersey, so that the assessments be reduced for 1996 and 1997 per the settlement documents and that the provisions of the Freeze Act (N.J.S.A. 54-51A-8} be incorporated into such settlement documents; and I BE IT FURTHER RESOLVED that predicated upon a full waiver of taxpayer on the refund. the any foregoing settlement is interest payable to the Roll Call: Ayes - Matt�i, Galvis, Trammell, Stein, Zisa RESOLUTION #385 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, Rose M. Weber Trust is the owner and taxpayer of certain real property known as Block 312, Lot 1 designated as 244 Main 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 1,300,000; 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 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: "Rose M. Weber Trust v. City of Hackensack", Docket Nos. 008041-96 and 001529-97 presently pending in the Tax Court of New. Jersey, so that the assessment be reduced to $995,000 for 1996 and 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: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #386 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, G.S.G. Realty is the owner and taxpayer of certain real properties located at 212-2�0 Prospect Avenue and designated as Block 336, Lot 23 which comprise of condominium units; and WHEREAS, the taxpayer has filed appeals to its 1995 and 1996 I 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 Schedule "A"; 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 "G.S.G. Realty v. City of Hackensack", Dbcket Nos. 009848- 95 and 008460-96 presently pending in the Tax Court of New Jersey, I so that the assessments be reduced as set forth in Schedule "A"; and BE IT FURTHER RESOLVED that the foregoing settlement is predicated upon a full waiver of a:p.y interest payable to the taxpayer on the refund. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #387 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, First Union National Bank is the owner of certain real property known as Block 302, Lots 10 and 11, located at the corner of Main and Mercer Streets; and WHEREAS, the taxpayer filed appeals to its 1995, 1996 and 1997 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 $1,000,000; 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 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 "First Union National Bank, formerly known as First Fidelity Bank, N.A. v. City of Hackensack", Docket Nos. 003479-96; 001047-96 and 001018-1997 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $850,000 for 1995, $750,000 for 1996 and $650,000 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: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #388 OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT 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 by and between the City of Hackensack and New Jersey Transit Corporation to reflect an increase in funding by New Jersey Transit Corporation to the amount I of $200,000.00 in connection with the Anderson Street Rail Station Historic Restoration Project. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa  RESOLUTION #389 OFFERED BY: TRAMMELL SECONDED BY: MATTEI INTRODUCTION OF ORDINANCE NO. 30-97 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF HACKENSACK". BE IT RESOLVED that the above ordinance, being Ordinance No. 30-97 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be I held on December 15, 1997, at 8:00 P.M, or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said Ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said Ordinance will be further considered for final passage. Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein, Zisa RESOLUTION #390 OFFERED BY: SECONDED BY: BE IT RESOLVED by the City Council of the City of Hackensack that Michael J. D'Arminio be and is hereby reappointed to serve as Commissioner of the Hackensack Housing Authority for a five year term to expire December 6, 2002. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #391 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, there is a need for professional engineering services relative to the City's-annual reporting requirements to the New Jersey Department of Environmental Protection pertaining to the I operation of the combined sewer system regulators pursuant to General Permit NJ 010523; 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 bidding and the contract must be available for public inspection; WHEREAS, it is the desire of the Mayor and Council to retain the services of Malcolm Pirnie, Inc., One International Boulevard, Mahwah, N.J. 07430, to perform said engineering services for the period July 1, 1996 through June 30, 1997 for an amount not to exceed $10,000.00; and WHEREAS, a certificate establishing that funds are available from Account, #X-050-N04-002, of the Capital Fund has been issued by the Chief Financial Officer; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: I (1) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Malcolm Pirnie, Inc., for the provisions of the aforesaid engineering services; (2) This contract is awarded without competitive bidding as a professional service in accordance with the Local Public Contracts Law (NJSA 40A:ll-5(l) (a) ; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract, upon execution, for public inspection and to publish a notice of this action once in The Record. Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein, Zisa RESOLUTION #392 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the Hackensack Fire Officers Association, Local #3172 has been recognized by the New Jersey Public Employment Relations Conunission (PERC) to negotiate with the City of Hackensack for the I purpose of a labor contract; and WHEREAS, both parties have been involved in negotiations for a contract regarding conditions of employment and wages and have reached an agreement which has been incorporated into the language of the proposed contract. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be and hereby is authorized to sign the contract with the Fire Officers Association, Local #3172 for the period January 1, 1997 through December 31, 2000. Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein, Zisa RESOLUTION #393 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, pursuant to N.J.S.A. 40A:10-6, et seq., the Mayor and CouQcil instituted a self insurance program and created an insurance fund requiring insurance consultation services for the administration therefor; 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 I available for public inspection; and WHEREAS, it is the desire of the City Council of the City of Hackensack to retain the services of Bergen Risk Managers, Inc., to perform insurance consultation services as third party administrator of the insurance fund/self insurance program for an amount not to exceed $54,000.00; and WHEREAS, a certificate establishing that funds are available from Account No. 8-010-290-289 in the amount of $27,000 and Account No. 8-010-292-289 in the amount of $27,000 of the Current Fund, P. 0. #102836, has been issued by the Chief Financial Officer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Bergen Risk Managers, Inc., 423 Boulevard, Hasbrouck Heights, N. J., to provide the aforesaid services for the period January 1, 1998 through December 31,1998. 2. This contract is awarded without competitive bidding as professional services in accordance with N.J.S.A. 40A:ll-l(l) (a) of the Local Public Contracts Law. I 3. The City Clerk be and hereby is directed to retain a copy of the contract for public inspection and to publish notice of this action once in The Record. Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein, Zisa Mrs. Dukes advised the Mayor that her Docket was completed.  The Mayor thanked her and asked the City Manager, City Attorney and members of Council if they had anything to report. They did not. He then opened the meeting to the public for discussion of City business. Jack Donovan, Willow Avenue, stated he was surprised to learn that the Fire Officers are part of a union. Mayor Zisa replied they have been in the union long before this administration. Their union is different than the fire I fighters. Mr. Donovan made a comment regarding Senator D'Amato's trying to eliminate tenure in the NY school system and felt it time to do something here in Hackensack. Mayor Zisa pointed out that this governing body does not have a "direct say", only the one vote that everyone one else has. Mr. Donovan also stated he heard that Cable TV in Hackensack is the highest in the State. He was advised the TC! rates would be the same for all the �unicipalities they service in the County,. Dorothy Schwartz, 47 Prospect Avenue, requested the Mayor and Council adopt a lighting ordinance. Mr. Salkin said he feels an ordinance is not needed since there is state law which should be enforced. It was determined that the City Manager should check the enforcement. Ms. Schwartz brought to Council's attention that the fence surrounding the property on the corner of Prospect Avenue and Thompson Street needs to be repaired. I Mayor Zisa advised that we will soon be going out to bid for the demolition of the two houses and we will then make that area a parking lot for the merchants. He will have someone look at the fence. Ms. Schwartz said the hearing aides are very bad. Lenny Nix, Elm Avenue, made remarks about the parking on American Legion Drive. Motion offered by Mattei, seconded by Stein, that the public hearing be closed and the meeting be adjourned. Carried (9:10 P.M) I A. STEIN ATTEST: