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 Tuesday, January 19, 1999, at 8:00 P.M. Mayor Zisa called the meeting to order 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, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and placing a copy on the Bulletin Board in City Hall". Mayor Zisa called for a motion to approve the minutes of the meetings held January 4th and January 11th, 1999. Motion offered by Trammell, seconded by Stein, that the minutes be approved as submitted. Carried F INAL ADOPTION OF ORDINANCE NO. 1-99 ENTITLED: "AN ORDINANCE TO AUTHORIZE THE GRANTING OF A L ICENSE TO CONSTRUCT A RETAINING WALL W ITHIN THE LIMITS OF THE PUBLIC RIGHT-OF-WAY ADJACENT TO SECOND STREET IN THE CITY OF HACKENSACK, NEW JERSEY". Mayor Zisa: "This ordinance has been advertised according to law and now calls for a public hearing. Will someone so move. Motion offered by Stein, seconded by Trammell, that there be a public hearing. Carried Mayor Zisa asked if anyone wished to be heard on this I ordinance. There was no response. Motion offered by Trammell, seconded by Stein that the public hearing be closed. Carried RESOLUTION #33 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. 1-99 entitled: "AN ORDINANCE TO AUTHORIZE THE GRANT ING OF A LICENSE TO CONSTRUCT A RETAINING WALL WITHIN THE LIM ITS OF THE PUBLIC R IGHT­ OF-WAY ADJACENT TO SECOND STREET IN THE CITY OF HACKENSACK, NEW JERSEY", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zi'sa RESOLUTION #20 OFFERED BY: MATTEI SECONDED BY: STEIN BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Collector be and is hereby authorized to conduct the annual sale of delinquent tax liens for the calendar year 1998, and prior years; BE IT FURTHER RESOLVED that the Collector's authorization to I conduct the sale for prior years in 1999, be and is hereby ratified. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #21 OFFERED BY: STEIN SECONDED BY: GALVIS 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: lol. RA:l584 - Holy Trinity R.C. Church Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein, Zisa RESOLUTION #22 - 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 NAME YEAR REASON $ 850.60 423 30 Donald Jackson, Esq. 1998 Err.Pymt. I $ 50.00 to Lucianna & Lucianna, P.A., 111 Main Street, Hackensack, NJ 07601 representing a duplicate payment for Fire Prevention Registration #12113 for 1999. $ 80.00 to NBR Vending, 1085 Bergen Boulevard, Fort Lee, NJ representing payment made in error for Vending Machines. Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein, Zisa RESOLUTION #23 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, an incorrect payment of taxes was made on Block 9, Lot 19A, Unit C-1, which created an overpayment in the amount of $7 67.00; NOW, THEREFORE, BE IT RESOLVED that the proper officers be and are hereby authorized to transfer the aforementioned amount of 1998 taxes on Block 9, Lot 19A, Unit C-1, owned by Joseph Gutierrez, to taxes on Block 9, Lot 19A, Unit B-1 for 1998 in the amount of $749.00 and $18.00 for 1999 taxes, owned by Jay Arnesen. Roll Call: RESOLUTION #24 Ayes - Mattei, Galvis, OFFERED BY: STEIN Trammell, Stein, SECONDED BY: TRAMMELL Zisa I WHEREAS, the City of Hackensack and the Borough of River Edge have heretofore entered into an agreement for cooperation between the Fire Departments of the two municipalities; and WHEREAS, said agreement is due for renewal; and WHEREAS, the Fire Chief has recommended that said agreement be renewed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and are hereby authorized to execute and deliver a renewal of said agreement on behalf of the City of Hackensack. Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein, Zisa RESOLUTION #25 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, various 1998 bills have been presented for payment this year, which bills were not covered by order number and/or I recorded at the time of transfers between the 1998 Budget ' Appropriations Reserve in the last two months of 1998; and . WHEREAS, N.J.S. 4 OA:4-5 9 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year;  /..J. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $52,600.00 be made between the 1998 Budget Appropriation Reserves as follows: FROM TO Elections O/E $ 1,500.00 Admin. & Exec. S/W $ 1,500.00 Elections 0/E 2,000.00 Admin. & Exec. ·O/E 2,000.00 Financial Admin. 0/E 6,000.00 I Tax Assessor O/E Fire Alarm S/W Fire Alarm O/E 600.00 6,000.00 600.00 Community Dev. O/E 6,000.00 Fire Department 0/E 6,000.00 School Crossing Guards S/W 1,000.00 School Crossing Guards 0/E 1,000.00 Community Dev. O/E 500.00 Volunteer Ambulance O/E 500.00 Snow Removal S/W 5,000.00 City Garage O/E 5,000.00 Snow Removal O/E 15,000.00 Streets & Roads 15,000.00 Garbage & Trash S & W 10,000.00 garbage & Trash 0/E 10,000.00 Snow Removal O/E 5,000.00 Sewer O/E 5,000.00 Total $ 52, 600.00 $ 52, 600.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #26 OFFERED BY: STEIN SECONDED BY: GALVIS I WHEREAS, the City of Hackensack has received Change Order No. 2 from J. R. Staedler Construction, 14 Glen Oaks Avenue, Summit, New Jersey, for additional work relating to the Anderson Street Rail Station Restoration; and WHEREAS, John S. Cohen, the Architect for the project has recommended that said Change Order be approved; and WHEREAS, the Chief Financial Officer has certified that funds are available from Account #X-50-J04-001 of the General Capital Fund in the amount of $1,345•00, P.O. #104576, for a total contract amount of $174,267.07. NOW, THEREFORE, BE IT RESOLVED, that Change Order No. 2 be and is hereby approved. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #27 OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that Lieutenant Thomas Uzzalino be and is hereby appointed Fire Official for the City of Hackensack Fire Department. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #28 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Joseph and Hilda Raymond are the owners and taxpayers of certain real property known as Block 33 6, Lot 1, designated as 215-221 Second Street; and WHEREAS, the taxpayers 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 $1,000,000.00; 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 (N.J.S.A. 54:51A- 8), if applicable which may be necessary in order to effectuate a settlement of litigation entitled "Joseph and Hilda Raymond v. City of Hackensack," Docket Nos. 001933-97 and 001065-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $890,000.00 for both 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 #29 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Stanley Lee is the owner and taxpayer of certain real property known as Block 511, Lot 11 designated as 5 4-79 Temple Avenue; 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 I $2,400,000.00 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 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 application for the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary in order to effectuate a settlement of litigation entitled "Stanley Lee v. City of Hackensack", Docket Nos. 001490-97 and 000358-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $2,200,000.00 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, Trammell, Stein, Zisa RESOLUTION #30 OFFERED BY: TRAMMELL 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:  /5: General Account $ 1,463,524.97 Public Assistance II Account 15,062.14 Capital Account 65,260.75 Public Parking System Account 5,996.51 Trust Account 9,599.00 Payroll Agency Account 138,477.63 BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. I Roll Call: RESOLUTION #31 Ayes - Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that Richard Lenk, be and is hereby appointed the Historian for the City of Hackensack and to serve at the pleasure of the City Council. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #32 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-013-005 heretofore issued to Corki's Corner, Inc., 774 Main Street, Hackensack, New Jersey, be transferred to Corki's Corner Inc., 774 Main Street, (expansion of premises) Hackensack, New Jersey, · effective January 25, 1999; and BE IT FURTHER RESOLVED that the applicant has met the requirements of Sub Chapter 7 of the N.J.A.C. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #34 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the awarding of contracts and no adequate provision has been made in the 1999 temporary appropriations for the aforesaid purpose, and N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above-mentioned; and WHEREAS, the total emergency temporary resolutions adopted in the year 1999 pursuant to the provisions of N.J.S.40A:4-20 (Chapter 96,P.L.1951) including this resolution total $554,000.00; NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.40A:4-20: 1) An emergency temporary appropriation be and the same is hereby made for the awarding of annual contracts in the amount of $554,000.00; 2) That said emergency temporary appropriation will be provided for in the 1999 budget. I 3) That one certified �opy of this resolution be filed with the Director of Local Government Services. Current Appropriations Public Building & Grounds O/E $ 20,000.00 General Insurance/Surety 300,000.00 Sewer Treatment-BCUA Share 100,000.00 Health Department 0/E 20,000.00  PBPF Public Health O/B 7,000.00 Public Health, Clinic O/E 35,000.00 Dog warden O/E 27,000.00 PEOSHA O/E 30,000.00 Interlocal Agreement O/E 15,000.00 TOTAL $ 554,000.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Mrs. Dukes advised the Mayor that her Docket was completed. The Mayor thanked her and asked the City Manager, City I Attorney and members of Council if they had anything to report. They did not. Frank Campbell, 111 Catalpa Avenue, in observing the 1999 Calendar, asked if information from the County regarding hazardous material could be included and suggested adding January of the next year. Mayor Zisa said Mr. Lacava will try to get the information from the County and his suggestion, relative to adding January, was a good one. Rainer Olster, 144 Union Street, asked if street cleaning could be reduced from two times a week to once a week. Mayor Zisa said he would have the Sanitation Department take a look at it. Jack Donovan, Willow Avenue, asked if the regular garbage and the recycables would be in the same containers when the new system goes into effect. Mayor Zisa replied "no", the recycables would be picked up the same as they are now. He mentioned the tax increase that the taxpayers would get if I the school bond issue passes. Dawn Rich, Newman Street, spoke extensively about several different matters. · Motion offered by Stein, seconded by Galvis that the public hearing be closed and the meeting be adjourned. Carried (8:40 PM) ATTEST: I