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, October 19, 1998, at 8:00 P.M. Mayor Zisa called the meeting to order at 8:20 PM and asked everyone to stand for the flag salute. He then asked the City Clerk to call the roll. Present - Councilman Roger B. Mattei, Councilwoman Juanita Trammell, Councilman Mark A. Stein, May9r John F. Zisa, City I Manager James S. Lacava, City Clerk Doris L. Dukes and City Attorney Richard E. Salkin Absent - Deputy Mayor Jesus R. Galvis Mayor Zisa called for a motion to approve the minutes of the meetings held October 5th & 13th, 1998. Motion offered by_ Trammell, seconded by Mattei that the minutes be approved as submitted. Carried RESOLUTION #292 OFFERED BY: MATTEI SECONDED BY: TRAMMELL 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 NAME YEAR RSN. $ 1,840.00 436 1 Alan R. Hammer, Trust. f/J. Sutton 1997 STB 1,860.00 436 1 II II II II 1998 STB II II Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #293 OFFERED BY: MATTEI SECONDED BY: STEIN I BE IT RESOLVED by the City c·ouncil of the City of Hackensack that the following organization be granted permission to conduct Raffles in accordance with the applications on file in the office of the City Clerk: RA:l572 & RA: 1573 - Holy Trinity Home & School Association Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #294 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and they are hereby authorized to execute an amendment between the Hackensack Housing Authority and the Hackensack Police Department for police services for the various housing projects. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #295 OFFERED BY: STEIN SECONDED BY: TRAMMELL I BE IT RESOLVED by the City Council of the City of Hackensack that the fallowing be appointed to serve as members of the Emergency Management Council for the City of Hackensack: James Lacava, City Manager Richard Johnson, Fire Chief, Local Coordinator Chris Colli, Deputy Local Coordinator James Smith, Police Department, Deputy Coordinator John F. Zisa, Mayor Jesse D'Amore, Superintendent of Public Works John Christ, Health Officer Eugene Duffy, Director of Community Affairs  Agatha Toomey, Director of Human Services Raymond Carnevale, Director of Purchasing Kenneth Christensen, Hackensack University Medical Center Donald Lombardi, Hackensack Public Schools Kim Saul, Director of Emergency Services - Red Cross Mgr. Lieutenant James Mordaga, Police Department Fred Longobardi, Fire Captain Bernard Bombolevicz - EMS Coordinator Clayton Borchard - Fire Lieutenant Judith Ballerine - P.S.E.& G. Co., Palisade Division Richard A. Yannelli, Deputy Fire Chief Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis I RESOLUTION #296 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, N.J. Revised Statutes 39:10A-1-7 provides that the City has the right to sell at public auction any used City-owned vehicles and equipment after due notice has been published in a newspaper at least five ( 5) days previous to the date of the proposed sale. NOW, THEREFORE, BE IT RESOLVED that the aforementioned City­ owned vehicles and equipment listed in the advertisement to appear in The Record on Friday, October 23, 1998, and notification that they will be offered for sale by the City Manager or a designated representative at the public auction to be held at the City Garage, 120 E. Broadway, Hackensack, New Jersey, on Friday, October 29, 1998 at 10:00 A.M., b� and are hereby authorized to be sold. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #297 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, pursuant to an advertisement in The Record, bids were received on September 30, 1998, for the Removal of Brushes, Wood Chips and Tree Logs for the City of Hackensack and; I WHEREAS, six bids were received from Tri-County Disposal, Advanced Enterprises Recycling, Downes Tree Service, Inc., Garofalo Bros., Inc., A. Fiore and Sons and Pinto Service Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the Removal of Brushes, Wood Chips and Tree Logs be awarded to A. Fiore and Sons, 12.30 Mccarter Hwy., Newark, NJ 07104 in the amount of $337.00 per load, not to exceed $ 35,000.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account number 8-010-430-276 of the Current Fund. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #298 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, pursuant to an advertisement in The Record, bids were I received on October 14, 1998, for the Design, Printing and photography of the 1999 City of Hackensack Calendar; and WHEREAS, one bid was received from 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 1999 City of Hackensack Calendar be awarded to Tapco, Inc., 100 Catesville Road, �emberton, New Jersey 08068, for the amount of $ 7,950.00; 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. #107582 Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #299 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of I any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for an equal amount; and WHEREAS, the City will receive $6,085.00_from the New Jersey Department of Community Affairs and wishes to amend its 1998 Budget to include this amount as a revenue; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack, in the County of Bergen, New Jersey, hereby requests the Director, Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 1998 in the sum of $6,085.00, which is now available as a revenue from Miscellaneous Revenues Special items of General Revenue anticipated with prior written consent of the Director of Local Government Services: State and Federal Revenues Off-Set with Appropriations: Department of Community Affair� Relocation Assistance Program Other Expense I BE IT FURTHER RESOLVED that the like sum of $6,085.00 be and the same is hereby appropriated under the caption of: - General Appropriations ( a) Operations excluded from 5% caps I State and Federal Programs Off-set by revenues: "New Jersey Department of Community Affairs Relocation Assistance Program Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #300 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for an equal amount; and WHEREAS, the City will receive $79,250.00 from the New Jersey Department of Environmental Protection and wishes to amend its 1998 I Budget to include this amount as a revenue; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack, in the County of Bergen, New Jersey, hereby requests the Director, Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 1998 in the sum of $79,250.00, which is now available as a revenue from Miscellaneous Revenues Special items of General Revenue anticipated with prior written consent of the Director of Local Government Services: State and Federal Revenues Off-Set with Appropriations:  New Jersey Department of Environmental Protection - Hazardous Discharge Site Remediation Fund-State St. BE IT FURTHER RESOLVED that the like sum of $79,250.00 be and the same is hereby appropriated under the caption of: - General Appropriations ( a) Operations excluded from 5% caps I State and Federal Programs Off-set by revenues: New Jersey Department of Environmental Protection - Hazardous Discharge Site Remediation Fund-State Street Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis I RESOLUTION #301 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for an equal amount; and WHEREAS, the City will receive $ 39,350.00 from the New Jersey Department of Environmental Protection and wishes to amend its 1998 Budget to include this amount as a revenue; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack, in the County of Bergen, New Jersey, hereby requests the Director, Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 1998 in the sum of $ 39, 350 00, which is now available as a .• I revenue from Miscellaneous Revenues - Special items of General Revenue anticipated with prior written consent of the Director of Local Government Services: State and Federal Revenues Off-Set with Appropriations: New Jersey Department of Environmental Protection - Hazardous Discharge Site Remediation Fund-Main Street BE IT FURTHER RESOLVED that the like sum of $ 39,350.00 be and the same is hereby appropriated under the caption of: - General Appropriations ( a) Operations excluded from 5% caps I State and Federal Programs Off-set by revenues: New Jersey Department of Environmental Protection - Hazardous Discharge Site Remediation Fund-Main Street Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #302 OFFERED BY: MATTEI SECONDED BY: TRAMMELL 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 I operate City vehicles shall be subject to periodic and random alcohol and controlled substance testing effective 1995; and WHEREAS, these regulati�ns 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 University 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. 40A:ll-1, et 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 University Medical Center to perform services for the period I effective October 1, 1998 through September 30, 1999. 2. That this contract is awarded without competitive bidding as a "professional service " in accordance with N.J.S.A. 40A:ll-5- ( l) 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 Account No. 8-010-291-284 in an amount not to exceed $6,000 of the Current Fund P.O. #107493. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #303 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Suzanne and Jacqueline Winkler are the owners and taxpayers of certain real property known as Block 42 Lot 25.C designated as 70 Frederick Street; and WHEREAS, the taxpayers filed an appeal to their 1996 and 1997 I real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $226,000; 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 interest 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 including any document applying the provisions of the Freeze Act ( N.J.S.A. 54-51A-8) in order to effectuate a settlement of litigation entitled "Winkler, Suzanne and Jacqueline v. City of Hackensack, " Docket No. 008242-96 and 005269-97 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $200,000; ·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, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #304 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Frank Alster is the owner and taxpayer of certain real property known as Block 415, Lot 1 designated as 370 Park Street; and  WHEREAS, the taxpayer filed an appeal to his 1997 and 1998 real property tax assessments, which matters are presently pending for the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is _ $ 2,720,000; and WHEREAS, upon review of information submitted, a reduction appears appropriate for each year; and I WHEREAS, it is the reconunendation of the Tax Attorney and Tax Appraiser that this matter should be settled; and WHEREAS, said settlement is in the best interest 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 "Frank Alster v. City of Hackensack", Docket Nos. 001333- 97 and 000360-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $ 2,650,000 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, Tranunell, Stein, Zisa Absent - Galvis RESOLUTION #305 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack I that Chris Annunziata be and is hereby approved for active membership in the Hackensack Fire Department. Roll Call: Ayes - Mattei, Tranunell, Stein, Zisa Absent - Galvis RESOLUTION #306 OFFERED BY: MATTEI SECONDED BY: STEIN 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 Account $ 1,060,440.41 Public Assistance II Account 13,614.00 Capital Account 6,379.30 Public Parking System Account 5,381.40 Trust Account 8,963.00 Payroll Agency Account 114,264.73 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, Tranunell, Stein, Zisa .Absent - Galvis RESOLUTION #307 - Amendment to the 1998 Capital Budget, offered by Stein, seconded by Mattei and carried is attached hereto and made a part hereof. I RESOLUTION #308 OFFERED BY: MATTEI SECONDED BY: STEIN INTRODUCTION OF ORDINANCE NO. 15-98 ENTITLED: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NO. 5-97 FINALLY ADOPTED APRIL 7, 1997, AS SUPPLEMENTED BY BOND ORDINANCE NO. 26-97 FINALLY ADOPTED NOVEMBER 17, 1997, IN ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION 3o II  BE IT RESOLVED that the above ordinance, being Ordinance No. 15-98 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 November 2, 1998, 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. I Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #309 OFFERED BY: TRAMMELL SECONDED BY: MATTEI INTRODUCTION OF ORDINANCE NO. 16-98 ENTITLED: "BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $2,000,000 FOR SEWER IMPROVEMENTS TO ANDERSON AND COURT STREET PUMPING STATIONS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $ 1,900,000 BONDS OR NOTES OF THE CITY FOR FINANCING PART OF THE APPROPRIATION. " BE IT RESOLVED that the above ordinance, being Ordinance No. 16-98 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 November 2, 1998, 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. I Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis Mrs. Dukes advised the Mayor that the 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 thanked everyone involved with the Columbus Day Parade held on Sunday, October 11th. The Mayor opened the meeting to the public for discussion of City business. Jack Donovan, Willow Avenue, again complained about the teachers and the costs involved for removing bad ones. Mayor Zisa told him this is a subject he frequently addresses. He is very critical of the staff and "down " on the school. The Mayor directed him to the School Board and/or the State. Michael Masoni, 125 Prospect Avenue, asked for clarification regarding a restaurant in a residential area with a liquor license. I Mayor Zisa responded. Joan Sanpeze, 33 1 Marvin Avenue, requested more school guards for the Hillers School area. She pointed out that the number of students have increased by over 200. She also said school guards are needed at the Church for the pre-school children. It is very dangerous and fears the life of the children when they try to cross the street. Mayor Zisa said he spoke with Mr. Jones about the situation. He pointed out that the City of Hackensack currently has 43 school crossing guards and we have more than any other municipality in the County. We also have more traffic and the Police tries to allocate as best they can. The Mayor added that the Police may be reluctant about giving summonses and suggested that she express t6 them on behalf of the PTA to issue the summonses. Councilman Mattei added that it is incumbent upon the school's Principal to notify the parents. Some of the problems could be rectified with the parents making some changes. The following also voiced their concerns about the safety of the children at the Hillers School and requested more school I guards: Crystal Robbins, 101 Prospect Avenue Joseph Guerra, 311 Parker Avenue Lida, 290 Anderson Street Susan Carroll, 160 Kent Street Thelma, 279 Prospect Avenue Comments were made by Councilmembers Trammell ·and Stein. Mr. Lacava said he would look into the matter and see what could be done. Dorothy Schwartz, 47 Prospect Avenue, spoke about the traffic flow as it relates to the Prospect Avenue entrance and exit to the Hackensack University Medical Center. She showed members of Council some photos she had taken of the area. Ms. Schwartz asked if the City Calendar would include the "time " information as previously requested. Mr. Lacava said they were told to include it. Mayor Zisa responded to her question about the extension for the award of the contract to improve Prospect Avenue. I Frank Campbell, 111 Catalpa Avenue, made comments regarding the speed of traffic stating the Police should monitor it, installing handicapped ramps on Main Street and asked questions about the removal of the bricks at the corner of Main and Atlantic Streets. Mayor Zisa responded to his questions. Mayor Zisa asked for a motion to close the public hearing. Motion offered by Stein, seconded by Trammell, that the public hearing be closed and the meeting be adjourned. Carried ( 10:00 PM) co ABSENT I AT T� // V"' City Clerk �  - - CAPITAL BUDGET � (. WHEREAS, the Local Capital Budget for the year was adopted on the 15th- day of June , 19 98 and, 1998 WHEREAS, it is desired to amend said adopted Capital Budget section, NOW, THEREFORE, BE IT RESOLVED, by the _Mayor & Council of the City of ��H_a_c_k_e�n_ sac k � ---=,...-� � ---.,------=-� County of Bergen , that the following arnendment(s) to the adopted Capital Budget sectio n of Annual Budget be made: RECORDED VOTE Mattei Absent Galvis Trammell AYES S t e in NAYS No n e ABSTAIN Zi s a CAPITAL BUDGET (Current Year Action) 19 98 PLANNED FUNDING SERVICES FOR CURRENT YEAR 19 98 Amounts Grants in Project Estimated Reserved in 19 98 Budget Capital Capital Aid and Debt To be Funded Project Number Total Cost Prior Years Appropriations Improvement Fund Suprlus Other Funds Authorized In Future Years Anderson and Court Street Sewer Pump Station Improvements �=�:1:QQQ:f:QQQ,:QQ �=1QQ:f:QQQ::QQ g=1:f:�QQ:1:QQQ,:QQ YEAR CAPITAL PROGRAM 19 98 - 19 2003 Anticipated PROJECT Schedule and Funding Requirement Estimated Budget Project Estimated Completion Year FUNDING AMOUNTS PER YEAR --- -- Project Number Total Cost -- Time 19 98 19 98 19 99 2000 2001 2002 . 2003 Anderson and Court Street Sewer 1999 �=�:1:QQQ:f:QQQ,;QQ Pump Station Improvements �=�:f:QQQ:f:QQQ,:QQ .r - _!_ . Year Capital Program 1998 2003 ·• SUMMARY OF ANTICIPATED FUNDING SCXJRCF.S AND AfiD{JN'l'S BODGET APPROPRIATIOOS InIDS AND lUrE.S Capital Grants in Estimated Current Future Improvement Capital Aid and Self Project Total Cost Year 1998 Years Fund Surplus Other Funds General Liquidating Assement School Anderson and Court Street Sewer Pump Station Improvements $ 2,000,000.00 $ 1 00,000.00 $ 1,900 I 000 00 • ============== ============ ============== TOTAL ALL PROJECTS BE IT FURTHER RESOLVED, that two certified copies of this Resolution be filed forthwith in the Office of the Director of Local Government Services. It is hereby certified that this is a true copy of a resolution amending the capital Budget section adopted by the governing body on the 19th day of October , 19 98 _ Certified by me . y- (DATE) ,(><J� - �0.Al� £) � CLERK TRENTON, NEW JERSEY APPROVED I 19 DIRECTOR OF LOCAL GOVERNMENT SERVICES