City Council

The Regular Meeting of the City Council of the City of Hackensack was held at ·city Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, December 21, 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 - Councilman Roger B. Mattei, Deputy Mayor Jesus R. Galvis, Councilwoman Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Manager James s. Lacava, City Clerk Doris I L. Dukes and City Attorney Richard E. Salkin Mrs. Dukes: "In accordance with the Open Public Meetings Act, Ch. 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and posting a copy on the Bulletin Board in City Hall". Mayor Zisa called for a motion to approve the minutes of the meetings held December 7th and 14th, 1998. Motion offered by Stein, seconded by Galvis that the minutes approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 17-98 ENTITLED: "AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 175, SECTION 24 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED 'ZONING SIGNS'" AND • • • • REPEALING OTHER PROVISIONS OF SAID CODE INCONSISTENT THEREWITH. Mayor Zisa: "This ordinance has been advertised as required by law and now calls for a public hearing. Will someone so move?" Motion offered by Stein, seconded by Mattei, that there be a public hearing. Carried I The Mayor asked if anyone wished to be heard on this ordinance. There was no response. Motion offered by Stein, seconded by Mattei, that the public hearing be closed. Carried RESOLUTION #361 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that Ordinance No. 17-98 entitled: "AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 175, SECTION 24 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY ENTITLED ZONING SIGNS AND REPEALING • . • • OTHER PROVISIONS OF SAID CODE INCONSISTENT THEREWITH", has passed its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #361A OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that Ashanti Caviness be and is hereby approved for active membership in the Hackensack Fire Department. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #362 OFFERED BY: GALVIS SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct Raffles in accordance with the applications on file in the office of the City Clerk: RA:l582 - Capt. Harry B. Doremus Post #55, The American Legion RA:l583 - Hackensack University Medical Center Foundation Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #363 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, there have been various County Tax Board judgments, State Tax Board judgements, as well as erroneous payments, veteran and senior citizen allowances and Statutory Interest made on various properties in the City of Hackensack for the years 1993, 1994, 1995, 1996, 1997 and .1998 ranging from $5.34 to $55, 614.00; and WHEREAS, a schedule consisting of two (2) pages designated as I "Exhibit A", dated December 3, 1998, is on file in the office of the Tax· Collector as a public record; and WHEREAS, said 65 individual amounts total $260, 709.29; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the refunds reflected on "Exhibit A, December 3, 1998"; and BE IT FURTHER RESOLVED that the proper officers be and are hereby authorized to refund $89.77 to Oxford Health Plans, 476 Wheelers Farms Road, Milford, CT 06460, representing an overpayment for an EMS call on 2/24/98. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Zisa - abstained on a $32.00 erroneous paymer:it for F. Zisa RESOLUTION #364 OFFERED BY: STEIN 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 cancel $30, 000.00 representing the unexpended balance in the Public Parking Utility Capital Outlay Account and $650, 100.25 representing unexpended balances in the Current Fund budget and that both I amounts be credited to Surplus. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #365 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, pursuant to an advertisement in The Record, bids were received on December 7, 1998, for a new Two Wheel Drive Pickup Truck,; and WHEREAS, bids were received from Beyer Bros. Corp. and Bruno Truck Sales; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the purchase of one new Two Wheel Drive Pickup Truck be awarded to Beyer Bros. Corp., the low bidder, 109 Broad Avenue, Fairview, NJ, 07022 for the amount of $16 , 751.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #X-50-Pl2-007 of the Capital Fund. P.O. #108349. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #366 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, pursuant to an advertisement in The Record, bids were I received on December 7, 1998, for a new Van; and WHEREAS, bids were received from Beyer Bros. Corp. and Bruno Truck Sales; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the purchase of one new Van be awarded to Beyer Bros. Corp., the low bidder, 109 Broad Avenue,  Fairview, NJ, 07022 for the amount of $19,637.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #X-50-Pl2-006 of the Capital Fund. P.O. #108348. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #367 OFFERED BY: GALVIS SECONDED BY: STEIN I WHEREAS, pursuant to an advertisement in The Record, bids were received on December 7, 1998, for materials for a Closed Circuit Television System for the Police Department; and WHEREAS, bids were received from King Alarm Distributors, Inc., CES Corporation and Access Granted Access Denied, Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the purchase of materials for a Closed Circuit Television System be awarded to King Alarm Distributors, Inc., the low bidder, 35 Green Street, Hackensack, for the amount of $18,828.78; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #X-50-P12-011 of the Capital Fund, P.O. #108359; Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #368 OFFERED BY: STEIN SECONDED BY: TRAMME LL WHEREAS, bids were received for a Hydrocarbon Skimmer System for the City of Hackensack on December 7, 1998; and WHEREAS, one bid was submitted by Castleton Environmental I Contractors for an amount of $43,666.00; and WHEREAS, the Health Officer and the Director of Purchasing have agreed that the bid be re jected due to the amount exceeding the budgeted price; NOW, THEREFORE, BE IT RESOLVED that the aforementioned bid be and is hereby rejected and that the Purchasing Director re­ advertise for new bids. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #369 OFFERED BY: TRAMME LL SECONDED BY: MATTEI 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 $ 1,879,193.07 Public Assistance II Account 16,703.67 Capital Account 155,531.64 Public Parking System Account 6,570.81 Payroll Agency Account 141,354.69 SUI Account 7,552.30 I BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #370 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, New Jersey Revised Statutes 39:10A-1-7 provides that the City has the right to sell at public auction all abandoned vehicles after due notice has been published in a newspaper five (5) days previous to the date of the proposed sale;  NOW, THEREFORE, BE IT RESOLVED that the aforementioned vehicles listed in the advertisement to appear in The Record on Wednesday, December 30, 1998, and notification that they will be offered for sale by the City Manager or a designated representative at the times designated in the notice on Thursday, January 7, 1999 be and hereby authoriz�d to be sold. Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein, Zisa RESOLUTION #371 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack desires, to attract and retain qualified employees to the City of Hackensack and, as a means I thereof, is contemporaneously adopting an Internal Revenue Code Section 457 Deferred Compensation Plan and a conforming Amendment (the Plan and such Amendment together hereinafter referred to as the "Plan") for the purpose of making available to eligible employees the accrual of tax benefits under such Plan; and WHEREAS, the City of Hackensack desires such Plan to comply with the Small Business Job Protection Act of 1996 amendments to Section 457 of the Internal Revenue Code, such amendments being necessary to maintain the Plan as an eligible Deferred Compensation Plan within the meaning of Section 457 of the Internal Revenue Code; and WHEREAS, the City of Hackensack also desires that the Plan provide for certain elections that may be made in accordance with the Small Business Job Protection Act of 1996.amendments to Section 457 of the Internal Revenue Code; and WHEREAS, Equitable Life Assurance Society of the United States (hereinafter "Equitable") has been found to possess the necessary administrative, enrollment and servicing capabilities for the Plan. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby adopt the Plan and its conforming amendment prepared by Equitable and assigned by the Director of the I Division of Local Government Services the Plan Identifier: 02-PD­ EQUITABLE-021695 (hereinafter "PLAN") . BE IT FURTHER RESOLVED, that the City of Hackensack is adopting a Deferred Compensation Plan substantially similar to one on which a favorable Private Letter Ruling has been previously obtained from the Internal Revenue Service except for provisions added by reason of the Small business Job Protection Act of 1996 (United States Public Law No.104-88) , and all such provisions are stated in the Internal Revenue Code Section 457. The use of the Ruling is for guidance only and the City acknowledges that for Internal Revenue Services purposes, the Ruling of another employer is not to be Considered precedent. BE IT FURTHER RESOLVED, that the Plan Administrator, Raymond N. Carnevale shall be designated as the official representative of the City, and he/she hereby is directed to execute the Plan on behalf of the City. BE IT FURTHER RESOLVED that requests for a Deferred Compensation Plan and Service Agreement was prepared and made I available to providers of deferred compensation services. The vendors responding to the request for proposals were National Plan Coordinators (NPC) , Variable Annuity Life Insurance Company (VALIC) and Equitable Life Assurance society of the United States (Equitable) . The Committee reviewed the proposals submitted and met with the representatives of the responding companies. Equitable was selected because Equitable has been found to possess the necessary administrative, enrollment, and servicing capabilities for the City of Hackensack.  BE IT FURTHER RESOLVED that Equitable shall be retained by the City as a contractor under the Deferred Compensation Plan and Equitable shall educate all eligible employees of the City regarding the Plan and shall enroll and service those eligible employees who participate in the Plan. As enrolling agent, Equitable shall be the alternate agent for its funding options to be offered under the Plan. BE IT FURTHER RESOLVED that there has been no collusion or evidence or appearance of collusion, between any local official and a representative of the contractor in the selection of a contractor I for the administration of a N. J. A. C. 5:37-5. 7. Service Agreement pursuant to BE IT FURTHER RESOLVED that the City of Hackensack is hereby authorized to execute a Service Agreement with Equitable and that such Service Agreement has been assigned by the Director of the Division of Local Government Services the following identifier: 02- SA-Equitable-021695 and to submit all necessary documents to the Director of Local Government Services in the State Department of Conununity Affair. BE IT• FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the City of Hackensack Plan Administrator. Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein, Zisa RESOLUTION #372 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Future Investments is the owner and taxpayer of certain real property known as Block 100, Lot 5 designated as 216 Mary Street; and WHEREAS, the taxpayer filed appeals to their 1997 and 1998 I 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 $811, 800. 00; and WHEREAS, upon review of information submitted, a reduction appears appropriate; 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 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 "Future Investments v. City of Hackensack", Docket Nos. 001328-97 and 000409-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $775, 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 - Mattei, Galvis, Tranunell, Stein, Zisa RESOLUTION #373 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, H & S Properties, Ltd. is the owner and taxpayer of certain real property known as Block 226, Lot 3 designated as 15 Lehigh Street; and  WHEREAS, the taxpayer filed appeals to their 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 $1, 491, 500.00; and WHEREAS, upon review of information submitted, a reduction appears appropriate; 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 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, 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 "H & S Properties Ltd. v. City of Hackensack", Docket Nos. 002105-97 and 000298-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1, 450, 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 - Mattei, 1Galvis, Trammell, Stein, Zisa RESOLUTION #374 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Andal Realty is the owner and taxpayer of certain I real properties known as Block 345, Lots 8 and 9, designated as 333 Passaic Street and 403 Prospect Avenue respectively; and WHEREAS, the taxpayer has filed appeals to its 1997 and 1998 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessments for the subject property are $806, 600.00 for Block 345, Lot 8 and $663, 400.00 for Block 345, Lot 9 for each year under appeal; and WHEREAS, upon review of information submitted reductions appear to be appropriate for each year; and WHEREAS, it is the reconunendation 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 "Andal Realty v. City of Hackensack", Docket Nos. 002319- I 97 and 000344-98 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $781, 600.00 for Block 345, Lot 8, and $638, 400.00 for Block 345, Lot 9 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, Galvis, Trammell, Stein, Zisa  RESOLUTION #375 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Carol Apartments is the owner and taxpayer of certain real property known as Block 45.B, Lot 9.B, designated as 19,7-209 South Main Street; and WHEREAS, the taxpayer filed appeals to its 1997 and 1998 real property tax assessments, which matters are presently pending for the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $4, 000, 000.00 in 1997 and I $4, 600, 000.00 for 1998; and WHEREAS, upon review of information submitted, a reduction appears appropriate for 1998 only; 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 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 provisions for application of the Freeze Act (N.J.S.A.54:51A-8) , which may be necessary in order to effectuate a settlement of litigation entitled "Carol Apartments v. City of Hackensack", Docket Nos. 002596-97 and 002774-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced for 1998 only to $4, 200, 000.00 and subject to the condition that the 1997 appeal be withdrawn; 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #376 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Marshall Brothers is the owner and taxpayer of certain real property known as Block 336, Lot 30, designated as 315 Central Avenue; and WHEREAS, the taxpayer filed appeals to its 1997 and 1998 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 was $844, 200.00 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 Appraiser that this matter should be settled; and WHEREAS, said settlement is in the best interest 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, including documents required to implement the provisions of the Freeze Act (N.J.S.A.54:51A-8) , which may be necessary in order to effectuate a settlement of litigation entitled "Marshall Brothers v. City of Hackensack", Docket Nos. 002106-97 and 000296-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $824, 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #377 OFFERED BY: STEIN SECONDED BY: GALVIS 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 I fulfill the purpose of such appropriation may be transferred to appropriations deemed to be insufficierit 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 $233,000.00 be made between the 1998 Budget Appropriation as follows: FROM TO Financial Admin. s & w $ 1,000.00 Admin. & Exec. S/W $ 1,000.00 Tax Assessor O/E $ 9,000.00 Tax Collector O/E $ 9,000.00 Sanitary Landfill O/E $200,000.00 Group Insurance Plan O/E $200,000.00 Community Dev. O/E $ 10,000.00 Garbage & Trash O/E $ 10,000.00 Community Dev. O/E $ 6,000.00 Recycling S/W $ 6,000.00 Sewer Treat/Disposal O/E $ 2,000.00 Sewer S/W $ 2,000.00 Sewer Treat/Disposal O/E Sewer O/E $ 5,ooo.oo $ 5,ooo.oo I TOTAL $233,000.000 $ 233,000.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #378 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the City of Hackensack has applied for and has received a grant in the amount of $78,750.00 from the Hazardous Discharge Site Remediation Fund Municipal Grant Program through the Department of Environmental Protection and the New Jersey Economic Development Authority for the preliminary assessment and site investigation of 291-295 State Street, Block 318, Lots 24 and 25; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the above referenced grant is hereby accepted and the Mayor be and is hereby authorized to e�ecute grant documents as the representative for the City of Hackensack; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the New Jersey Economic <Development Authority. · Roll Call: RESOLUTION #379 Ayes - Mattei, Galvis, Trammell, Stein, OFFERED BY: MATTEI SECONDED BY: Zisa STEIN I WHEREAS, the City of Hackensack has applied for and has received a grant in the amount of $38,850. 00 from the Hazardous Discharge Site Remediation Fund Municipal Grant Program through the Department of Environmental Protection and the New Jersey Economic Development Authority for the preliminary assessment and site investigation of 1000 Main Street, Block 621A, Lot 1;  NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the above referenced grant is hereby accepted and the Mayor be and is hereby authorized to execute grant documents as the representative for the City of Hackensack; BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the New Jersey Economic Development Authority. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I 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, on behalf of all members of Council and the Administrative Staff, wished everyone a happy holiday season and best wishes for the New Year. The Mayor then opened the meeting to the public for discussion of City business. Jack Donovan, Willow Avenue, gave the Mayor an article regarding a well known trainer who will be doing some training' at the Ice House. He mentioned that the Hackensack School System is still ranked the lowest in the state. Paul Burns, an advocate for the homeless, with Salt of the Earth, thanked the City ·for doing a special dedication on behalf of George, the homeless man who was killed a few years ago. He thanked Hackensack for the compassion shown for the homeless. Dorothy Schwartz, 47 Prospect Avenue, addressed an issue with I the Planning Board regarding the Hospital's Medi Plex Building; communication to the City Manager to which he did not respond and asked when would the recycling calendars be distributed. Mr. Lacava said at the present time he did not know when they would be ready. Ms. Schwartz then asked why Prospect Avenue has not been resurfaced. Mr. Lacava said we had to get an extension for the pro ject. Motion offered by Stein, seconded by Galvis that the public hearing be closed and the meeting be adjourned. Carried (8:35 PM) I � g AT / � City Clerk