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, July 20, 1998. Mayor Zisa called the meeting to order at 8:20 PM and asked everyone to stand for the flag salute. He � hen asked the City Clerk to call the roll. Present - Councilmembers Roger B. Mattei, Juanita Trammell, and Mark A. Stein, Mayor John F. Zisa, City Manager James S. I Lacava, City Clerk Doris L. Dukes and City Attorney Richard E. Salkin Absent - Deputy Mayor Jesus R. Galvis Mrs. Dukes: "In· accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975 adequate notice of this meeti:pg 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 July 6, l998. Motion offered by Trammell, seconded by Stein, that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 13-98 ENTITLED: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NO. 14-93 FINALLY ADOPTED NOVEMBER 15, 1993, AS FURTHER AMENDED BY BOND ORDINANCE NO. 28-97 FINALLY ADOPTED NOVEMBER 17, 1997, IN ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION 4". Mayor Zisa: "This ordinance has been advertised according to law and now calls for a public hearing. Will someone so move"? I Motion offered by Stein, seconded by Trammell that there be a public hearing. Carried Mayor Zisa asked if anyone wished to speak on this ordinance. There was no response. Motion offered by Mattei, seconded by Stein that the public hearing be closed. Carried RESOLUTION #197 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. 13-98 entitled: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NO. 14-93 FINALLY ADOPTED NOVEMBER 15, 1993, AS FURTHER AMENDED BY BOND ORDINANCE NO. 28-97, IN ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION 4" has pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #198 OFFERED BY: STEIN SECONDED BY: MATTEI 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:l567 - Spectrum for Living Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #199 OFFERED BY: TRAMMELL SECONDED BY: MATTEI 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: AMOUNT BLOCK LOT YEAR REASON $11, 886.40 66 8 Alan R.H ammer, Trustee C amm Assoc 1996 STB 12, 865.28 66 8 II II II II II 11 1997 STB 2, 624.80 66 53A F. William Koestner, Jr. 1996 STB 2, 840.96 1, 774.80 1, 920.96 66 66 66 53A " 57 57 " " " " " " " " " " " 1997 1996 1997 STB STB STB I 1, 982.69 lOOH 2 Kushman, Gloria etal 1995 STB 2, 036.60 !OOH 2 H II II 1996 STB 2, 204:.32 lOOH 2 II 11 11 1997 STB 1, 530.00 206 13 Michael A. Vespasiano, Atty. Trust Acct. 1996 STB 1, 656.00 206 13 " " " " " 1997 STB 1, 312.40 209 21 F. William Koestner, Jr. 1996 STB 1, 420.48 209 21 " " II " 1997 STB 757.99 230 24C Michael M. Stadler Trust Acct. 1995 STB 778.60 230 24C " " " " " 1996 STB 4, 107.71 303 16 Salem Communications Corp. 1995 STB 4, 219.40 303 16 " " " 1996 STB 3, 149.42 518 26 Feinstein, Raiss & Kelin 1994 STB 3, 319.93 518 26 " " " 1995 STB 3, 410.20 518 26 " " " 1996 STB 11.04 518 26 " " " 1997 STB 10.00 to Mcintosh Enterprises of NJ, T/A Passport Travel & Ins., 55 Linden St., Hackensack representing an overpayment for registration #10277 I Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #200 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, pursuant to an advertisement, bids were received on May 27, 1998 for Prepackaged Meals for the Summer Food Services Program; and WHEREAS, bids were received from Cream-0-Land Dairy, ($29, 203.00) and Industrial Luncheon Inc. ($33, 337.53); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for Prepackaged Meals for the Summer Food Services Program, be awarded to Cream-0-Land Dairy, 529 Cedar Lane, Florence, New Jersey 08518 for the total amount of $29, 203.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #3-010-836-219 of the Current Fund. P.O. #105649 Roll Call: Ayes - Mattei, Tr ammell, Stein, Zisa Absent - Galvis I RESOLUTION #201 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, N.J.S.A. 54:5-19 authorizes the Tax Collector to offer for sale any Municipal Lien for unpaid taxes remaining unpaid on April 1st for the prior fiscal year; and WHEREAS, the property known as Block 232, Lot 23 is owned by an entity claiming full exemption from municipal property taxation; and WHEREAS, the claim, although actively challenged by the City of Hackensack, has been pendinq in the Tax Court for some time; and  WHEREAS, in light of these circumstances it is both unnecessary and inappropriate to expose such property for tax certificate sale; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Tax Collector be and is hereby authorized and directed to remove said property from the Tax Sale List, effective as of July 14, 1998. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis I RESOLUTION #202 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, pursuant to an advertisement, bids were received on July 1, 1998 for the purchase of Computers for the Department of Public Works in the City of Hackensack; and WHEREAS, two bids were received from Pan United Corporation in the amount of $22, 230.00 and Data Jet Corporation in the amount of $18, 773.30; and WHEREAS, the Superintendent of Public Works has recommended that the bid be awarded to Data Jet Corporation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the purchase of Computers for the Department of Public Works in the City of Hackensack, be awarded to Data Jet Corporation, 189 Euclid Avenue, Hackensack, New Jersey 07601 for the amount of $18, .773.30; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account 8-010-521-29F of the current fund. P.O. #106157. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa I RESOLUTION #203 Absent - Galvis OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, the governing body of the City of Hackensack had been advised that an emergency affecting the health, safety and welfare of the citizens of the City of Hackensack occurred due to emergency repairs to the sewer jet; and WHEREAS, the Superintendent of Public Works notified the City Manager that an emergency situation exists because of necessary repairs to the sewer jet; and WHEREAS, the governing body is satisfied that an emergency does exist and that immediate action is necessary to correct the condition; and WHEREAS, the costs of repairs to correct the condition is estimated to be $11, 351.12, which is a fair and reasonable quotation; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A. 40A: l l-6, which authorizes the governing body to award contracts without public bidding in I emergency situations and the JetVac, 402 Marshall Street, Paterson, New Jersey 07503 be paid therefore. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #204 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, the .City of Hackensack received funds from the New Jersey Department of Transportation for the improvement of Main Street between Essex Street and Camden Street; and  WHEREAS, the agreement executed by the City of Hackensack set a date of September 18, 1996, for the award of the contract for this work; and WHEREAS, the City of Hackensack has requested and received from the New Jersey Department of Transportation an extension of time for award of a contract to July 15, 1998; and WHEREAS, a television inspection of the Main Street combined sewer main between Atlantic Street and Essex Street found several areas where the existing brick arch combined sewer was damaged and/or partially collapsed; and WHEREAS, the City undertook remedial repairs and/or I replacement of the deteriorated section of the line; and WHEREAS, said repairs have been recently completed; and WHEREAS, the City of Hackensack, having been unable to obtain additional utility data from the United Water Company, can no longer delay this pro ject; and WHEREAS, this pro ject was advertised on June 30, 1998 for bids to be received on July 22, 1998; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that they hereby request from the New Jersey Department of Transportation an extension of time for the award of the contract for the Improvement of Main Street between Essex Street and Camden Street to August 31, 1998. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent Galvis RESOLUTION #205 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public who I operate motor vehicles within the City limits of the City of Hackensack, when a traffic signal located at the intersection of Main Street & Salem Street was accidentally knocked down and rendered inoperable on July 5, 1998; and WHEREAS, the Chief of Police of the City of Hackensack has furnished to the City Manager a written report setting forth the time, place and circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned traffic signal to full operation; and WHEREAS, the cost of the repair was $2, 515.50 which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account. #8-010-318-267 of the' Current Fund, P.O. #106145; and WHEREAS, it is anticipated that the entire cost of the repairs I will be recovered from the insurance carriers. NOW, THEREFORE BE IT FURTHER RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A. 40:A: l l-6 which authorizes the governing body to award contracts without public bidding in emergency situations, the vendor, Traffic Control Equipment Corp., 242-252 Hudson Street, Hackensack, NJ 07601, be paid therefor. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis  RESOLUTION #206 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, there exists a need for services to analyze costs incurred by the City of Hackensack (hereinafter referred to as the "City") with regard to its utility costs; and WHEREAS, no funds will be required to be expended by the City and a contract is proposed with George A. Koteen Associates, Inc., 290 Queen Anne Road, Teaneck, N.J., 07666, whereby they will be entitled to 50% of refunds or credits to the City under the terms I and provisions c�ntained therein; and WHEREAS, such services meet the definition of a professional service as set forth in N.J.S.A. 40A:ll-5 (m) as a service which is not required to be bid; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40:11-1 et seq). requires that the resolution authorizing the award of contracts for "extraordinary, unspecifiable services" without competitive bidding, and the contract itself must be available for public inspection and the resolution must be publicly advertised; NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the City of Hackensack as follows: 1. That the Mayor and the City Clerk be and are hereby authorized to execute an agreement with George A. Koteen Associates, Inc., to provide a utility cost audit. 2. That this contract is awarded without competitive bidding as an "extraordinary, unspecifiable service" in accordance with N.J.S.A. 40A: l l-5 (l) (a) of the Local Public Contracts Law because same is expressly excluded from competitive bidding and without public advertising for bids as an authorized exception. I Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #207 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Abraham Goodman is the owner and taxpayer of certain real properties known as Block 409, Lots 1 & 2 and 18 & 19, designated as 16 Ward Street and 405 Main Street, respectively; and WHEREAS, the taxpayer filed appeals to his 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 $98, 700 for Block 409, Lot 1; $58, 800 for Block 409, Lot 2 and $384, 600 for Block 409 Lots 18 & 19; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and 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; 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 "Abraham Goodman v City of Hackensack", Docket Nos. 009263-95; 009264-95; 009265-95; 008856-96; 008857-96 and 008858-96 presently pending in the Tax Court of New Jersey, so that the assessment be reduced for Block 409, Lot 1 to $65, 000; for Block 409, Lot 2 to $30, 000 and for Block 409, Lots 18 & 19 to $191, 200, all for 1995 and 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, TraIJIIlell, Stein, Zisa Absent - Galvis RESOLUTION #208 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Packard-Bamberger & Palestroni/Palestroni Properties, LLC are the owners of certain real property known as Block 510 Lot I 20 designated as 630 Main Street; and WHEREAS, the taxpayers have filed appeals to their 1995, 1996, 1997 and 1998 property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments for the subject premises was $4, 812, 300 for 1995 and 1996 and $5, 500, 000 for 1997 and 1998; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommenda�ion 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 "Packard Bamberger & Palestroni/Palestroni Properties, LLC v City Of Hackensack", Docket Nos. 004542-95; 000563-96; 000063-97 and 000112-98 presently pending in the Tax Court of New Jersey, so I that the assessments be reduced to $4, 250, 000 for 1995 and $4, 300, 000 for 1996 and that the appeals for 1997 and 1998 be withdrawn; 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. �oll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #209 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Dasa Company, LLC t/a Best Western Oritani is the owner and taxpayer of certain real property known as Block 504.A, Lot 13.A, designated as 414 Hackensack Avenue; and WHEREAS, the taxpayer filed an appeal to its 1997 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $4, 825, 000; 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 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 "Dasa Company, LLC t/a Best Western Oritani v City of · Hackensack", Docket No. 001782-97 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $3,800,000 for 1997; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of interest payable to the taxpayer on the refund. I Roll Call: Ayes - Mattei, Absent - Galvis OFFERED BY: Tr ammell, MATTEI Stein, Zisa RESOLUTION #210 SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack has awarded a professional contract to Joseph Scrivo in the amount of $10,000.00 for financial consultant services; and WHEREAS, said services will exceed the contract amount of $10,000 and it is the recommendation of the Treasurer/Chief Financial Officer that the contract be amended for an additional $8,000.00; and WHEREAS, the Chief Financial Officer has certified that funds are available from Account 8-010-210-204 of the Current Fund in the amount of $8,000.00, Purchase Order #104022. NOW, THEREFORE, BE IT RESOLVED, that Change Order No. 1 in the amount of $8,000.00 for Joseph Scrivo, 15 Dogwood Court, Mahwah, New Jersey, 07430 be and is hereby approved. Roll Call: Ayes - Mattei, Tr ammell, Stein, Zisa Absent - Galvis I RESOLUTION #211 OFFERED BY: MATTEI SECONDED BY: BE IT RESOLVED by the City Council of the City of Hackensack STEIN that the bills in the following accounts be and are hereby ordered paid: Current Account $ 2,313,636.09 Public Assistance II Account 11,026.99 Capital Account , 7,411.86 Public Parking System Account 4,824.21 Trust Account 11,024.00 Payroll Agency Account 124,159.58 S.U.I. Account 1,227.00 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, Tr ammell, Stein, Zisa Absent - 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. I Councilman Stein reported he represented the City at the Flag Raising Ceremony for the Colombian Independence Day on Saturday which was followed·by their Festival on Sunday. Mayor Zisa said he received many comments regarding the meeting held two weeks ago commending the Police Department. The Mayor opened the meeting to the public for discussion of City business.  Dorothy Schwartz, 47 ? rospect Avenue, addressed issues involving landlords increasing rents and referred to various articles that appeared in the newspaper. She also conunented on the tax surcharge in the City's Rent Ordinance. John Carr, 62 Green Street, complained about a light on the building across the street, shining in his bedroom window and asked if it is legal to allow this to happen. Mayor Zisa suggested he get in touch with the Building Department. The Mayor also told him he could sign a complaint. Frank Campbell, 111 Catalpa Avenue, mentioned the following items: the Fox Theatre, the no parking sign in front of a store on I Main Street, parking at the intersection of Main Street and Catalpa Avenue and painting pedestrian crossings on Spring Valley Avenue. Mr. Salkin, Mr. Lacava and the Mayor responded. Dorothy Schwartz congratulated Mr. Toscano for the work that was done on the parking lot at the corner of Thompson Street and Prospect Avenue. She reported the waste receptacles are still outside the entrance of Simple Simon and CVS has two containers outside as well. Motion offered by Stein, seconded by Tranunell that the public hearing be closed and the meeting be adjourned. Carried. (9: 05 PM) ' ZISA t! j , /V( ai;; B. MATTEI I DEPUTY R. GALVIS ATTEST: I