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, November 16, 1998, at 8:00 P.M. Mayor Zisa called the meeting to order at 8:00 PM and asked everyone to stand for the flag salute. He then asked the City Clerk to call the roll. Present - Deputy Mayor Jesus R. Galvis, Councilwoman Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Manager James S. Lacava, City Clerk Doris L. Dukes and City I Attorney Richard E. Salkin Absent - Councilman Roger B. Mattei Mayor Zisa called for a motion to approve the minutes of the meetings held November 2nd and 9th, 1998. Motion offered by Stein, seconded by Trammell that the minutes be approved as submitted. Carried RESOLUTION #322 OFFERED BY: STEIN 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: Amount Naine Year Reason $ 140.00 Crum & Forster Ins. 1998 Overpayment Attn: Luanne Petrone EMS Serv. North Jersey Reg. Office Five Century Drive PO Box 270 Parsippany, NJ 07054 Roll Call: Ayes - Galvis, Trammell, Stein, Zisa I RESOLUTION #323 Absent - Mattei OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, various 1998 bills have been presented for payment this year, which bills were not covered by 1998 Budget Appropriations; and WHEREAS, N.J.S. 40A:4-58 provides that amounts in excess of appropriations over and above the amounts deemed to be necessary to fulfill the purpose of such appropriation may be transferred to appropriations deemed to be insufficient during the last two months of the year; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that transfers in the amount of $51,500.00 be made between the 1998 Budget Appropriation as follows: FROM TO Comm. Dev. Consultant O/E $ 6,000.00 Planning Board O/E $ 6,000.00 Comm. Development O/E $ 20,000.00 Snow Removal O/E $ 20,000.00 I Fire Officials S/W $ 40,000.00 Dog Warden O/E $ 500.00 Dog Warden S/W $ 500.00 Recycling S/W $ 5,ooo.oo Garbage & Trash O/E $ 5,000.00 TOTAL $ 51,500.000 $ 51,500.00 Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #324 OFFERED BY: GALVIS SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the Person to Person, Place to Place, transfer of Plenary Retail Consumption License No. 0223-33-034-004 heretofore issued to Catamaran, Inc., 380 West Pleasantview Ave., Hackensack, New Jersey, be transferred to Club Aladdin, Inc., 382 Main Street, Hackensack, New Jersey, effective November 25, 1998; and BE IT FURTHER RESOLVED that the applicant requirements of Sub Chapter 7 of the N.J.A.C. has met the I Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #325 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, Joseph Pepe, School Traffic Guard, has requested a Leave of Absence without pay for One Hundred (100) days due to medical reasons; and WHEREAS, City Manager James S. Lacava has determined that this employee be granted a One Hundred (100) day Leave of Absence, commencing September 23, 1998 and terminating January 1, 1999, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Joseph Pepe, School Traffic Guard, be granted a One Hundred (100) day Leave of Absence, without pay, as requested; 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei I RESOLUTION #326 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the public Health Priority Funding Act of 1977 provides for participation of local health agencies and makes 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, 1999 through December 31, 1999. 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, 1999 through December I 31, 1999. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #327 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, there exists in the City of Hackensack a need for the services of a Risk Management and Safety Consultant to provide specialized training for City employees and to assist the safety program, per state regulations; 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.40All-5(l)(a)(i) of the Local Public Contracts Law; and WHEREAS, it is the desire of the Mayor and Council to retain the services of E. J. Tobias & Associates as Risk Management and Safety Consultant for the City of Hackensack for an amount not to I exceed $13,200.00 for twelve months; and WHEREAS, a certificate establishing that funds will be available in the 1999 budget from Account #9-010-855-204 of the Current Fund in the amount of $13,200.00 (P.O. #107883) has been issued by the Chief Financial Officer; 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. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (1) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with E. J. Tobias & Associates, 81 Morrissee Avenue, Wallington, New Jersey, to perform the aforesaid services. (2) This contract is awarded without competitive bidding as a professional service in accordance with the Local Public Contracts Law (N.J.S.A. 40A:ll-l et seq.); and BE IT FURTHER RESOLVED that the City Clerk be and is hereby I directed to retain a copy of the contract for public inspection and to publish a notice of this action once in the Record. Roll Call: Ayes - Galvis, Tr ammell, Stein, Zisa Absent - Mattei RESOLUTION #328 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Storr Tractor Company, 3191 Route 22, Somerville, New Jersey 08876 was awarded New Jersey Contract #A87278 under the State of New Jersey Cooperative Purchasing Program 1-NJCP; and WHEREAS, the City of Hackensack wishes to purchase a Toro Groundmaster commercial riding rotary mower pursuant to the Local Public Contracts Law (N.J.S.A. 40A:ll-12); and WHEREAS, the cost to purchase the Toro riding rotary mower will not exceed $13,604.68; and WHEREAS, the Superintendent of Public Works and the Director of Purchasing agree that the utilization of this contract represents the best price available; NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the purchase of one (1) Toro riding I rotary mower Model #GM345 from Storr Tractor Company; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. X-050-P12-008 in the amount of $13,000.00 from the Capital Fund and Account No. 8-010-701-262 in the amount of $604.68 from the Current Fund, P.O. #107837. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #329 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, bids were received on September 30, 1998 for one new Articulated Wheel Loader; and WHEREAS, bids were received from Trico in the amount of $92,447.00; Jesco, Inc., in the amount of $106,000.00 and Foley in the amount of $104,000.00; and WHEREAS, upon review and recommendation by the Superintendent of Public Works, the low bidder (Trico) did not comply with the specifications due to forty-one (41) exceptions taken, which were important to the type of equipment to the extent of changing its I performance; and WHEREAS, the Superintendent and the Purchasing Agent recommends that the award be made to the next lowest bidder and having given the lower bidder the· opportunity for a hearing pursuant to statute, which they denied; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the purchase of one new Articulated Wheel Loader be awarded to Foley, Inc., 855 Centennial Avenue, Piscataway, New Jersey 08855, in the amount of $104,000.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account X-050-POl-011 of the Capital Fund. P.O. # 107682. Mayor Zisa asked the City Attorney if had been contacted regarding this bid award. Mr. Salkin said "no, but with the forty­ one (41) exceptions, it appears they crossed their 't's and dotted their 'i's" and feels comfortable". Roll Call: Ayes - Galvis, Tr ammell, Stein, Zisa Absent - Mattei I RESOLUTION #330 OFFERED BY: GALVIS SECONDED BY: TRAMMELL INTRODUCTION OF ORDINANCE NO. 18-98 ENTITLED: "AN ORDINANC� 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. 18-98 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 December 7, 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. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #331 OFFERED BY: STEIN SECONDED BY: TRAMMELL INTRODUCTION OF ORDINANCE NO. 19-98 ENTITLED: "AN ORDINANCE I FIXING AND DETERMINING MUNICIPAL CLASS POSITION AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF HACKENSACKII • BE IT RESOLVED that the above ordinance, being Ordinance No. 19-98 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 December 7, 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. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei I RESOLUTION #332 OFFERED BY: TRAMMELL SECONDED BY: STEIN INTRODUCTION OF ORDINANCE NO. 20-98 ENTITLED: "AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, ARTICLE VI, OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY ENTITLED: 'VEHICLES AND TRAFFIC• SPECIAL ZONES AND AREAS'". • • BE IT RESOLVED that the above ordinance, being Ordinance No. 20-98 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 December 7, 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. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #333 OFFERED BY: GALVIS SECONDED BY: STEIN I WHEREAS, pursuant to an advertisement in The Record, bids were received on November 10, 1998 for the purchase of TWO (2) TINK CLAWS; and WHEREAS, one bid was received from Norcia Corporation; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract to for the purchase of TWO (2) NEW TINK CLAWS be awarded to Norcia Corporation, 451 Blackhorse Lane, New Brunswick, New Jersey 08902, for the amount of $29,476.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account No. X-50-POl-003 in the amount of $14,736.00 and Account No. X-50-P12-010 in the amount of $14,736.00 of the Capital Fund. Purchase Order #107900. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #334 OFFERED BY: TRAMMELL SECONDED BY: GALVIS 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: I Current Account $ 6,721,647.37 Public Assistance II Account 7,407.00 Capital Account 4,928.13 Public Parking System Account 5,349.88= Payroll Agency Account 118,256.21 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #335 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Grande Associates is the owner and taxpayer of certain real property known as Block 344, Lot 15, designated as 321 Prospect Avenue; and WHEREAS, the taxpayer filed appeals to its 1997 and 1998 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 I $2,200,000.00 for each year under appeal; 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 applications for the provisions of the Freeze Act (N.J.S.A.54:51A- 8), if applicable, which may be necessary in order to effectuate a settlement of litigation entitled "Grande Associates v. City of Hackensack," Docket Nos. 001599-97 and 000382-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $2,100,000. 00 for 1997 and $2,025,000.00 for 1998; 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei I RESOLUTION #336 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Thomas and Diane Hartmann are the owners and taxpayers of certain real property known as Block 49, Lot 20, designated as 145 Lodi Street; and WHEREAS, the taxpayers filed an appeal to their 1997 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $ 205,700.00; 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 I applications for the provisions of the Freeze Act (NJSA 54-51A-8), if applicable, which may be necessary in order to effectuate a settlement of litigation entitled "Thomas & Diane Hartmann v. City of Hackensack," Docket No. 005740-97 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $178,500; 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #337 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Steven and William Karas are the owners and I taxpayers of certain real property known as Block 203, Lots 4 and 14, designated as 77 River Street and Old River Street; and WHEREAS, the taxpayers filed appeals to their 1996 and 1997 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessments for both years were $519,700.00 for Block 203, Lot 4 and $104,700.00 for Block 203, Lot 14; 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 which may be necessary in order to effectuate a settlement of litigation entitled "Steven and William Karas v. City of Hackensack," Docket Nos. 008241-96 and 005265-97 presently pending in the Tax Court of I New Jersey, so that the assessment be reduced to $340,000.00 for Block 302, Lot 4 and $79,000.00 for Block 203, Lot 14 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #338 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, 30 Euclid Avenue Associates is the owner and taxpayer of certain real property known as Block 506, Lot 3, designated as 30 Euclid Avenue; and WHEREAS, the taxpayer filed appeals to their 1997 and 1998 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $1,350,000.00 for each year under appeal; and I 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 which may be necessary in order to effectuate a settlement of litigation entitled "30 Euclid Avenue Associates v. City of Hackensack," Docket Nos. 001879-97 and 002001-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,300,000.00 for 1997 and 1998; 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei I RESOLUTION #339 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Confederation Life Insurance Company was the owner and taxpayer of certain real properties known as Block 206, Lots 16 and 17, designated as 90 Main Street and 94 Main Street respectively and Block 204, Lot 11, designated as 88 Moore Street; and WHEREAS, Madison Green Property was the owner and taxpayer of the above described properties in 1998; and WHEREAS, both taxpayers filed appeals to their 1997 and 1998 real property tax assessments f 6r that year during which each was the owner, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessments for both years for Block 206 was, $1,600,000. 00 for Lot 16 and $64,600. 00 for Lot 17 and Block 204, Lot 11 was $66,600.00; and WHEREAS, upon review of information submitted, a reduction I appears appropriate for each year; 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 which may be necessary in order to effectuate a settlement of litigation entitled "Confederation Life Insurance Co. v. City of Hackensack," Docket No. 002477-97 and" Madison Green Property c/o Flatiron v. City of Hackensack", Docket No. 001612-98 both of which are presently pending in the Tax Court of New Jersey, so that the assessment on Block 206, Lot 16, be reduced to $1,500,000.00 for 1997 and $1,250,000. 00 for 1997 and 1998 provided that the appeals for Block 206, Lot 17 and Block 204, Lot 11 be withdrawn and the assessments maintained; 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. I Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #340 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, LJL Realty is the owner and taxpayer of certain real property known as Block 17, Lot 1, designated as 421 Hudson Street; and WHEREAS, the taxpayer filed appeals to their 1997 and 1998 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and  WHEREAS, the assessment for the subject property was $915,000.00 for both years under appeal; 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 I 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 "LJL Realty v. City of Hackensack," Docket Nos. 001331-97 and 000352-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $850,000.00 for 1997 and 1998; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the re�und. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #341 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, LJL Realty is the owner and taxpayer of certain real property known as Block 16, Lot 15, designated as 414 Hudson Street; and WHEREAS, the taxpayer filed appeals to its 1997 and 1998 real I property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property was $1,849,900.00 for both years under appeal; 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 which may be necessary in order to effectuate a settlement of litigation entitled "LJL Realty v. City of Hackensack," Docket Nos. 001336-97 and 000350-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,750,000.00 for 1997 and 1998; 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #342 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Sam Lipman is the owner and taxpayer of certain real property known as Block 100. E, Lot 10 designated as 174 Polifly Road; and  WHEREAS, the taxpayer has filed appeals to his 1997 and 1998 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property was $859,400.00 for both years under appeal; and WHEREAS, upon review of information submitted, a reduction I 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 which may be necessary in order to effectuate a settlement of litigation entitled "Sam Lipman v. City of Hackensack", Docket Nos. 00101598-97 and 000343-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $800,000.00 for 1997 and 1998; 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #343 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, V.M.V. Company is the owner and taxpayer of certain real property known as Block 113, Lot 1, designated as 231 Polifly Road; and I WHEREAS, the taxpayer filed an appeal to their 1997 and 1998 ·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 $ 2,208,200. 00 for each year under appeal; and WHEREAS, upon review of information submitted, a reduction appears appropriate for each year; 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 which may be necessary in order to effectuate a settlement of litigation I entitled "V.M.V. Company v. City of Hackensack," Docket Nos. 002654-97 and 000407-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $2,050,000.00 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei  RESOLUTION #344 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Florence Meyer is the owner and taxpayer of certain real property known as Block 42, Lot 40 designated as 200 Holt Street; and WHEREAS, the taxpayer filed appeals to her 1996 and 1997 real property tax assessments, which matters are presently pending for I the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $593,900.00 for each year under appeal; and WHEREAS, it is the reconunendation of the Tax Attorney and Tax Assessor that these matters should be settled; and r 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 "Florence Meyer v. City of Hackensack", Docket Nos. 0008189-96 and 005352-97 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $475,000.000 for each year under appeal 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 I taxpayer on the refund. Roll Call: Ayes - Galvis, Tranunell, Stein, Zisa Absent - Mattei RESOLUTION #345 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Florence Meyer is the owner and taxpayer of certain real property known as Block 42, Lot 25.B, designated as 80 Frederick Street; and WHEREAS, the taxpayer filed appeals to her 1996 and 1997 real property tax assessments, which matters are presently pending for the Tax Court of New Jersey; and WHEREAS, the yearly assessment for the subject property is $547,800.00 for each year under appeal; and 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 I 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 "Florence Meyer v. City of Hackensack", Docket Nos. 008188-96 and 005272-97 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $475,000.000 for each year under appeal 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #346 OFFERED BY: TRAMMELL SECONDED BY: GALVIS I WHEREAS, Florence Meyer is the owner and taxpayer of certain real property known as Block 42, Lot 25.D, designated as 195 Bonhomme Street; and WHEREAS, the taxpayer filed appeals to her 1996 and 1997 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 $520,900.00 for each year under appeal; 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 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 "Florence Meyer v. City of Hackensack", Docket Nos. 0008191-96 and 005273-97 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $451,000.000 for each year under appeal and that the provisions of the Freeze Act I (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 - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #347 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, on November 12, 1998, the Planning Board of the City of Hackensack, recommended that the City engage the services of Ecoplan, 635 Palisade Avenue, Englewood Cliffs, New Jersey 07631, licensed Planners and Architects, to assist the Board in connection with the preparation of planning concept alternatives for Block 240A in the City of Hackensack; and WHEREAS, Block 240A has been duly determined to constitute "an area in need of redevelopment" pursuant to N.J.S.A. 40A:12A- 1,2,5 and 6, and it is now necessary to develop a "redevelopment plan" for the site in order for any ultimate type of redevelopment process to go forward; and I WHEREAS, on the basis of the Planning Board's recommendation, the City Council deems it appropriate to retain the services of Ecoplan to provide such professional services; 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-5(l)(a)(l) 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 comnetitive bids and thP �nn�r�r� i�aolf mnaT no  available for public inspection; and WHEREAS, a Letter proposal, dated November 9th, 1998, has been submitted to the City by Ecoplan to perform these services; and WHEREAS, a certificate establishing that funds are available in an amount not to exceed $22,500.00 has been issued by the Chief Financial Officer pursuant to, and in accordance with N.J.A.C. 5:30-14.5 of the Rules and Regulations of the New Jersey Department of Community Affairs, Local Finance Board; I 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 the letter proposal dated November 9th, 1998, with Ecoplan, upon Amendment of same pertaining to timing of payments, to provide said services; 2. This contract is awarded without competitive bidding as professional services in accordance with N.J.S.A. 40:11-5 (l) (a) (i) of the Local Public Contracts Law because said services are to be rendered or performed by a person authorized by law to practice a recognized profession and whose profession is regulated by law; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is responsible to retain a copy of the contract upon execution, for public inspection and to publish notice of this action once in the Record. Roll Call: Ayes -Galvis, Trammell, Stein, Zisa Absent - Mattei OFFERED BY: GALVIS SECONDED BY: STEIN I RESOLUTION #348 WHEREAS, a Bergen County Community Development Grant has been proposed by the City of Hackensack in the amount of $440,000.00 for Main Street Sewer Relining in the Municipality of Hackensack; and WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and Council; and WHEREAS, the aforesaid project is in the best interest of the people of Bergen County; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development funds. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby confirm endorsement of the aforesaid projects; and BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid project may be expedited. I Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei 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 the American Legion for "running" the Veterans Day Program on Wednesday, November 11, 1998. There were more people present than they ever had and felt it was due to their efforts. The Mayor then opened the meeting to the public for discussion of City business. Howard Williams, 316 Passaic St, asked the Mayor how did the truck traffic get diverted from Main Street to Railroad Avenue. Mayor Zisa replied that a request had been made by the City Engineer to get some of the truck traffic off of Main Street because of the sewer collapses. The Police Department was contacted and gave several recommendations. Also, the Economic Development Commission felt that if the trucks could be re-routed it would help the businesses on Main Street. The reason they could I not go on River Street is because of the Trestle. The City has been asking the County to take a look at this for some time and now understands that they have it under study. The Mayor said the City is in the process of refurbishing Main Street. Mr. Williams said there are a lot of children in the area, especially between Essex Street to Clay Street and felt the older people who have to cross the Railroad to get to the churches should have been considered. He felt that because the merchants did not want the trucks on Main Street, they were re-routed in their community. Councilman Stein added that they had looked at Prospect Avenue but the trucks could not make the turn at the traffic light. Mayor Zisa pointed out that this route is not a permanent one and hopefully it will be returned to River Street. Robert Dillard, 237 Clay Street, objected to Railroad Avenue being used the truck route and suggested Prospect Avenue or Summit Avenue as an alternate route. He stated the trestle on River I Street should have been taken care of years ago. The Mayor said all of us need to go to the County and voice our opinions as a community. The following also objected very strongly to the new truck route: Sandy Williams, 267 Clay Street, who also stated that a survey had been taken which revealed that 87% of these large trucks are not safe. Sonja Collins, 374 DeWolf Place Floyd Williams, James Street Sissy, 263-65 Passaic Street Dorothy Marsh, 274 Railroad Avenue Rev. Joe Scott, Jr., 110 Atlantic Street Wilbert Coleman, 212 Prospect Avenue Mayor Zisa thanked everyone for coming out and said the City would make every effort to do whatever possible in this matter. Jack Donovan, Willow Avenue, complained about the time the last meeting was called to order. Mayor Zisa explained that there was a matter that needed to be I addressed and the public was offered their apologies. He apologized to Mr. Donovan personally. Mr. Donovan also mentioned the upcoming school bond issue. Larry Riley, 27 Rowland Avenue, asked questions about the Rowland Avenue park. Mr. Salkin gave a status report on the Park. Dorothy Schwartz, 47 Prospect Avenue, addressed the following items: (a) Bible for Administering Oaths; (b) Cones placed on Prospect Avenue (c) "Carr" light situation and gave members of Council a list of "Public Be Damned" incidents.  Frank Campbell, 111 Catalpa Avenue, spoke on the subject of passing lanes and asked if kids are allowed to ride Roller blades in the street. The City Attorney replied that there is no law prohibiting it. Sue Habig, 34 Poplar Avenue, complained about children riding bikes in the middle of the street and felt something should be done before someone gets hit by a car. I Motion offered by Stein, seconded by Trammell that the public hearing be closed and the meeting be adjourned. Carried (10: 19 PM) ABSENT COUNCILMAN ROGER B. MATTEI � A �// . f1,/l1A-- /� .: ) �MAYOR ,.,,., JBStl5 R.'GALVIS I ATTEST: ��ff � City Clerk I