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City Council

Regular Meeting

Hackensack, NJ · March 2, 1998

Minutes

Minutes

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, March 2, 1998. Deputy Mayor Tr ammell called the meeting to order at 8:00 PM and asked everyone to stand for the flag salute. The Deputy Mayor then asked the City Clerk to call the roll. I Present - Councilmen Roger B. Mattei, Jesus R. Galvis and Mark A. Stein, Deputy Mayor Juanita Tr ammell, City Clerk Doris L. Dukes and City Attorney Richard E. Salkin - Raymond Carnevale was present for Mr. Lacava Absent - Mayor John F. Zisa and City Manager James S. Lacava 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. " Deputy Mayor Trammell called for a motion to approve the minutes of the meeting held February 17th 1998. Motion offered by Galvis, seconded by Stein, that the minutes be approved as submitted. Carried RESOLUTION #64 OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct a Raffle in accordance with applications on file in the office of the City Clerk: I RA: 1555 Rot�ry Club of Hackensack Roll Call: Ayes - Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #65 OFFERED BY: GALVIS SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the following employees be and are hereby appointed Constables for the City of Hackensack, for a one (1) year term: Howard Gregory, Javier Medina and Renee Green; and BE IT FURTHER RESOLVED that the duties and activities are limited to those City related activities as directed by the City Manager. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #66 OFFERED BY: MATTEI SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reason stated: I AMOUNT $ 1,582.00 BLOCK 572 LOT 7 NAME Pasechnick, Elizabeth 1998 YEAR REASON Err. pymt 12,880.00 302 10 First Union Natl Bank 1997 STB 14,358.20 303 15 Heyman Company 1996 STB 1,026.10 523 19 Chapman,Henkoff,Kessler, Peduto & Saffer,Attys. for Jack Schlien Buick 1995 STB 476.64 523 17 II II II 1995 STB 8,606.00 523 8 " II " 1995 STB 1,057.40 523 19 " " " 1996 STB 1,144.48 523 19 II II II 1997 STB 489.60 523 17 II II. II 1996 STB 529.92 523 17 II II II 1997 STB 8,840.00 523 8 II II II 1996 STB 9,965.00 523 8 II II II 1997 STB 4,965.00 302 10 First Union Natl Bank 1995 STB 8,500.00 302 10 II II II 1996 STB Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein Absent - Zisa I RESOLUTION #67 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, the City of Hackensack requires the service of Pest Control Maintenance for City-owned buildings for the period January 1, 1998 through December 31, 1998; and WHEREAS, Western Termite and Pest Control, 20 w. Ridgewood Avenue, Paramus, New Jersey 07652, has submitted a proposal in the amount of $ 6,648.00 per year, which is fair and reasonable; and WHEREAS, the Chief Financial Officer has certified that funds are available from various sub-accounts in the 1998 budget, P. O. #104210. NOW, THEREFORE, BE IT RESOLVED that the contract for Pest Control Maintenance be awarded to Western Termite and Pest Control, 20 w. Ridgewood Avenue, Paramus, New Jersey 07652, pursuant to N.J.S.A. 40 11-3, which excludes from public bidding contracts which do not exceed $ 12,300.00. Roll Call: Ayes - Mattei, Galvis, Stein, Tranunell I Absent - Zisa RESOLUTION #68 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 1997 for the Health Department of the City of Hackensack has been submitted for approval by John G. Christ, Health Officer. 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. Roll Call: Ayes - Mattei, Galvis, Stein, Tranunell Absent - Zisa RESOLUTION #69 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, there exists various outstanding checks in several bank accounts of the City which have been outstanding for more than one year; and I WHEREAS, these outstanding checks should be cancelled; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that various outstanding checks in the total amount of $12,059.05, be cancelled. Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein Absent - Zisa RESOLUTION #70 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the awarding of annual contracts and no adequate provision has been made in the 1998 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 I WHEREAS, the total emergency temporary resolutions adopted in the year 1998 pursuant to the provisions of N.J.S. 40A:4-20 (Chapter 96, P.L.1951) including this resolution total $ 947,000.00; 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 hereby made for the awarding of annual contracts in the amount of $ 947,000.00; 2) That . said emergency temporary appropriation will be provided for in the 1998 budget. 3) That one certified copy of this resolution be filed with the Director of Local Government Services. Tax Collector O/E $ 4,000.00 Planning Board O/E 8,000.00 Fire Official S/W 40,000.00 Police S/W 80,000.00 School Crossing Guards S/W 5,000.00 Traffic Control O/E 5,000.00 I EMT S/W 5,ooo.oo Municipal court Pub Def S/W 1,000.00 DPW O/E 6,000.00 Recycling O/E 3,000.00 Human Services O/E 4,000.00 Municipal Court (Staff) S/W 5,ooo.oo HAPADA 0/E 4,000.00 PEOSHA O/E 6,000.00 FAST COPS S/W 7,000.00 Public Parking Utility: Capital Outlay 25,000.00 Total $208,000.00 Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein Absent - Zisa RESOLUTION #71 OFFERED BY; GALVIS SECONDED BY: MATTEI WHEREAS, various 1997 bills have been presented for payment this year, which bills were not covered by order number and/or recorded at the time of transfers between the 1997 Budget Appropriations Reserve in the last two months of 1997; and WHEREAS, N.J.S. 40A:4-59 provides that all unexpended balances I carried forward after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $11,500.00 be made between the 1997 Budget Appropriation Reserves as follows: FROM TO Police S/W $ 1 1,500.00 Recycling 0/E $ 3,000.00 Reserve for Unemployment 8,500.00 Total $ 1 1,500.00 $ 1 1,500.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #72 OFFERED BY: STEIN SECONDED BY: GALVIS I WHEREAS, Departments of Police, Public Works and Human Services of the City of Hackensack require hardware and software support and maintenance of their computer system; and WHEREAS, a proposal dated January 1, 1998 for maintenance of said systems to include hardware and software has been obtained from DMA Industries, Inc.; and WHEREAS, these services are of an extraordinary unspecificable nature as it involves the maintenance of a complex system as defined by 5:30- 14-c promulgated by the Local Finance Board, Division of Local Government Services, and N.J.S.A. 40: 1 1- 5 (i) (a) (ii) . NOW, THEREFORE, BE IT RESOLVED that the proposal of DMA Industries, Inc., P. o. Box 7 10, Fair Lawn, New Jersey 07410, be accepted and a Service Contract in the amount of $ 22,644.00 be awarded; and I BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in the General Fund of the 1998 Budget from accounts 8-0 10-3 10-232, $ 13,524.00; 8-0 10-40 1-232, $ 4,560.00; and 8-0 10-620-232, $ 4,560.00, P. O. # 103976. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #73 OFFERED BY: MATTEI SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-053-007 heretofore issued to Ciao Limited, Inc., 274 Riverside Square, Hackensack, New Jersey, be transferred to Ridgepost, Inc., a New Jersey Corporation, One Riverside Square, Hackensack, New Jersey, effective March 6, 1998; and BE IT FURTHER RESOLVED that the applicant has met the requirements of Sub Chapter 7 of the N.J.A.C. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #74 OFFERED BY: STEIN SECONDED BY: MATTEI I WHEREAS, Salem Communications Corp. is the owner and taxpayer of certain real property known as Block 303, Lot 16, designated as 165- 167 Main 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 $ 449,100; and WHEREAS, upon review of information submitted, a reduction appears appropriate for each year; and WHEREAS, it is recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interests of the City of Hackensack; I NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Salem Communications Corp. v. City of Hackensack, Docket Nos. 003879-95 and 003086-96 presently pending in the Tax court of New Jersey, so that the assessment be reduced to $350,000 for 1995 and $325,000 for 1996; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicted upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein Absent - Zisa RESOLUTION #75 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, Zaentz Hardware Wholesalers, Inc. is the owner and taxpayer of certain real properties known as Block 308B, Lot 23B and 18F, designated as 250 River Street and Salem Street Extension, respectively; and WHEREAS, the taxpayer filed appeals to its 1995, 1996 and 1997 real property tax assessment, which matters are presently pending I in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $385,700 for Block 308.B, Lot 23B and $59,000 for Block 308B, Lot 18F; 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 these matters should be settled; and 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, inclusive of any Freeze Act application, entitled "Zaentz Hardware Wholesalers, Inc. v. City of Hackensack", Docket Nos. 009462-95; 009463-95; 008 195-96 and 005674-97 presently pending in the Tax Court of New Jersey, so that the assessment for Block 30BB, Lot 23B be reduced to $3 15,400 for each year; and that the assessment for Block 308B, Lot 18F be retained without reduction; and BE IT FURTHER RESOLVED, that the forgoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. I Roll Call: - Ayes - Mattei, Galvis, Tr ammell, Stein Absent - Zisa RESOLUTION #76 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, three (3) bids were received on February 3, 1998, for Heating and Air Conditioning Maintenance Service for the City of Hackensack and all bidders were required to attend a mandatory site inspection on January 27, 1998, which did not take place; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack that upon the recommendation of the Supt. of Public Works and the Purchasing Director that all bids be rejected and that they be readvertised at a future date. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #77 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, pursuant to an advertisement in The Record, bids were received on February 9, 1998 for the purchase of one new 1500 GPM Triple Combination Pumper Engine for the City of Hackensack; and I WHEREAS, one bid was received; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the purchase of one new 1500 GPM Triple Combination Pumper Engine, be awarded to Seagrave Fire Apparatus, Inc., 180 Talmadge Road, Edison, New Jersey 08818-0266, in the amount of $309,159.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account X-050-POl-001 of the Capital Fund, Purchase Order # 104155 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION # 78 OFFERED BY: MATTEI 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 I 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. NOW, THEREFORE, BE IT RESOLVED by the Mayor and 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 I $60,000.00 for the Hackensack Police Department; 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 Absent - Zisa RESOLUTION #79 OFFERED BY: STEIN SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that Joseph A. Pompo be and is hereby approved for active membership in the Hackensack Fire Department. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein Absent - Zisa RESOLUTION #80 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 $ 5,450,976.93 Public Assistance II Account 34,489.68 Capital Account 99,541.52 Public Parking System Account 7,228.31 Trust Account 18,443.00 Payroll Agenc·y Account 108,248.39 UDAG Account 119,500.00 SUI Account 65,925.65 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 Absent - Zisa Mrs. Dukes advised the Deputy Mayor that her Docket was completed. Deputy Mayor Trammell thanked her and asked Mr. Carnevale and Mr. Salkin if they had anything to report. They did not. I Mrs. Trammell opened the meeting to the public for discussion of City business. Rainer Olster, 144 Union Street asked if the H-Cops were paid and was told they are strictly volunteers. Mr. Stein advised Mr. Olster of the types of assignments they will be given. Mr. Olster also discussed the number of tax appeals, tax ratables and the Municipal and Board of Education Budgets. Mr. Stein and Mr. Salkin responded to some of his comments. Dorothy Schwartz, 47 Prospect Avenue, spoke about the CPI figures in the 90's. She said an increase in rent is not just for rent, it also include parking and deposits. Richard Rankin, 430 Union Street, said he was concerned about the legal costs involving the Egan case and asked for the totals to-date. The City Attorney said the cost is in excess of $ 100,000 but he could get the figures from the CFO. Jack Donovan, Willow Avenue, again mentioned employees who work for the City but do not live in the City. He also pointed out that vehicles are parked on Main Street, too close to the corner of I Camden Street, which makes it dangerous when trying to exit Camden on to Main. Frank Campbell, 111 Catalpa Avenue, reported the guard rail by Waterloo Sue's is be repaired. He mentioned when new signs are erected the old signs should be removed to prevent them from being hidden. Mr. Campbell felt (1) the people who are exiting from the parking lot at the N.E. Corner of State and Passaic Streets should be stopped; (2) the intersections should be reviewed for traffic control; (3) putting cross walks in the middle of the blocks and install "yield to pedestrians" signs to help improve Main Street and (4) speed limits need to be controlled. Dorothy Schwartz, agreed with Mr. Campbell regarding the hidden signs. Motion offered by Stein, seconded by Galvis, that the public hearing be closed and the meeting be adjourned. Carried (9: 15 P.M) I ATTEST: I I

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