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City Council

Regular Meeting

Hackensack, NJ · April 5, 1999

Minutes

Minutes

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, April S, 1999, .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, Acting City Manager Raymond Carnevale, City Clerk Doris L. Dukes and City I Attorney Richard E. Salkin Absent - Councilman Roger B. Mattei and City Manager James S. Lacava 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 March 15th and March 22nd, 1999. Motion offered by Stein, seconded by Galvis that the minutes be approved as submitted. Mayor Zisa abstained for the minutes of March 22, 1999. Carried FINAL ADOPTION OF ORDINANCE NO. 14-99 ENTITLED: "BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO FAIRMOUNT AVENUE BETWEEN GRAND AVENUE AND SUMMIT AVENUE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $160,000 THEREFOR, INCLUDING $100,000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE ISSUANCE OF $152,000 BONDS AND NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF". I Mayor Zisa: "This ordinance has been advertised according to law and now calls for a public hearing. Will someone so move?" Motion offered by Trammell, seconded by Stein that there be a public hearing. Carried. Mayor Zisa: "Is there anyone present who wish to be heard on this ordinance. There was no response. Motion offered by Stein, seconded by Galvis that the public hearing be closed. Carried. RESOLUTION #128A OFFERED BY: TRAMMELL SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 14-99 entitled: "BOND ORDINANCE PROVIDING IMPROVEMENTS TO FAIRMOUNT AVENUE BETWEEN GRAND AVENUE AND SUMMIT AVENUE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $160,000 THEREFOR, INCLUDING $100,000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AN AUTHORIZING THE ISSUANCE OF $152,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF", pass its second and final reading and is hereby adopted. I Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei FINAL ADOPTION OF ORDINANCE NO. 15-99 ENTITLED: "BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $110,000, INCLUDING $110,000 EXPECTED TO BE RECEIVED FROM A COMMUNITY DEVELOPMENT BLOCK GRANT IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $104,500 BONDS OR NOTES OF THE CITY FOR FINANCING PART OF THE APPROPRIATION". 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 present wished to speak on this ordinance. There was no response. Motion offered by Trammell, seconded by Stein.that the public hearing be closed. Carried. RESOLUTION #129A OFFERED BY: STEIN SECONDED BY: TRAMMELL I BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 15-99 entitled: "BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $110,000, INCLUDING $110,000 EXPECTED TO BE RECEIVED FROM A COMMUNITY DEVELOPMENT BLOCK GRANT IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $104,500 BONDS OR NOTES OF THE CITY FOR FINANCING PART OF THE APPROPRIATION", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei FINAL ADOPTION OF ORDINANCE NO. 16-99 ENTITLED: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NO. 14-93 FINALLY ADOPTED NOVEMBER 15, 1993, AS FURTHER AMENDED BY BOND ORDINANCE NO. 28-97 FINALLY ADOPTED NOVEMBER 17, 1997 AND BOND ORDINANCE NO. 13-98 FINALLY ADOPTED JULY 20·, 1998, IN ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION 4." I Mayor Zisa: "This ordinance has been advertised pursuant 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 ordinance. There was no response. Motion offered by Trammell, seconded by Galvis that the public hearing be closed. Carried RESOLUTION #130 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council 'of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 16-99 entitled: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NO. 14-93 FINALLY ADOPTED NOVEMBER 15, 1993, AS FURTHER AMENDED BY BOND ORDINANCE NO 28-97 FINALLY ADOPTED NOVEMBER 17, 1997 AND BONO ORDINANCE NO. 13- 98 FINALLY ADOPTED JULY 20, 1998, IN ORDER TO REVISE THE DESCRIPTION REFERRED TO IN SECTION 4", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa I Absent - Mattei RESOLUTION #131 OFFERED BY: GALVIS SECONDED BY: STEIN 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:l589 - St. Francis Church RA:l590 - Holy Trinity Home and School Assoc. RA:l591 - Holy Trinity Home and School Assoc. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #132 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack wishes to apply for grant funding for a project under the Safe and Secure Communities Program; and WHEREAS, the Mayor and Council of the City of Hackensack have reviewed the application and have approved said request; and I WHEREAS, the project is a joint effort between the Department of Law and Public Safety and the City of Hackensack for the purpose described in the application. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack as follows: (l) As a matter of public policy, the City of Hackensack wishes to participate to the fullest extent possible with the Department of Law and Public Safety. (2) The Attorney General will receive funds on behalf of the applicant. (3) The Division of Criminal Justice shall be responsible for the receipt and review of the applications for said funds. (4) The Division of Criminal Justice shall initiate allocations to each applicant as authorized. (5) The aforementioned application seeks a grant of $60,000.00 for the Hackensack Police Department; and BE IT FURTHER RESOLVED that the Mayor, City Clerk and all other appropriate City officials be and they hereby are authorized to execute any and all documents necessary for the perfection and filing of said application. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #133 OFFERED BY: TRAMMELL SECONDED BY: GALVIS I WHEREAS, the City of Hackensack provides health insurance coverage for City employees through various policies; and WHEREAS, it is desirous to appoint an Agent and Broker of Record to assist in the efficient administration of such health insurance programs; and WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack to-designate George E. Menditto, Insurance Agent, 55 Hudson Street, Hackensack, New Jersey as Agent and Broker of Record in connection with the aforedescribed health insurance policies ; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that George E. Menditto, Insurance Agent at 55 Hudson Street, Hackensack, New Jersey, be and is hereby appointed Agent and Broker of Record in connection with the health insurance policies for the City of Hackensack and to serve at the pleasure of the City Council. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #134 OFFERED BY: STEIN SECONDED BY: TRAMMELL I WHEREAS, Renee Green, Park Caretaker, has requested a Leave of Absence without pay for three (3) months to care for her brother; and WHEREAS, City Manager James S. Lacava has determined that this employee be granted a three (3) month Leave of Absence, commencing March 29, 1999 and terminating June 28, 1999; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Renee Green, Park Caretaker, be granted a three (3) month 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 RESOLUTION #135 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, the Hackensack Public Safety Telecommunicators, Local #1158 I.B.E.W., has been recognized by the New Jersey Public Employment Relations Commission (PERC) to negotiate with the City of Hackensack for the purpose of a labor contract; and I WHEREAS, both parties have been involved in negotiations for a contract regarding conditions of employment and wages and have reached an agreement which has been incorporated into the language of the proposed contract. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be and hereby is authorized to sign the contract with the Local #1158 for the period January 1, 1998 through December 31, 2001. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #136 OFFERED BY: TRAMMELL SECONDED BY: STEIN 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: $ 50. 00 to Stephen Trevisani, 11 Andrew Dr., Chestnut Ridge, NY 10952, for a birth certificate paid in error Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei I RESOLUTION #137 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack Finance Department and Department of Tax Collection require Hardware and Software support and maintenance for their computer systems; and WHEREAS, a proposal dated January 1, 1999 for maintenance of said system to include hardware and software has been obtained from Edmunds and Associates, Inc.,; and WHEREAS, these services are of an extraordinary unspecifiable nature as it involves the maintenance of a complex computer system as defined by 5:30-14-C promulgated by the Local Finance Board, Division of Local Government Services, and N.J.S.A. 40:11-5 (i) (a) (ii) ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the proposal from Edmunds and Associates Inc., 333 Tilton Road, Northfield, New Jersey 08225, be accepted and a contract in the amount of $7, 195. 00 be awarded. I BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account No. 9-10-210-232 in the amount of $3, 684. 80 and Account #9-10-220-232 in the am9unt of $5, 527. 20 of the General Fund, P.O. #110234. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #138 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack requires the services of a qualified entity to provide entertainment in connection with the City's annual Independence Day Celebration; and WHEREAS, such services are specialized and qualitative in nature and require expertise, extensive training and proven reputation in the field of endeavor; and WHEREAS, it is the desire of the Mayor and Council to engage the services of LaGuardia and Associates, 25 Pompton Avenue, Suite 305, Verona, New Jersey 07044, to perform these services; . and WHEREAS, a certificate establishing that funds are available I from Account No. 9-10-720-29W of the Current Fund, P.O. No.110095 in the amount of $11, 900.00 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 such extraordinary unspecifiable 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 to execute a Contract with LaGuardia and Associates for the provision of the aforedescribed extraordinary unspecifiable services; 2. This Contract is awarded without competitive bidding as it is one for the provision of extraordinary unspecifiable services in accordance with N.J.S.A. 40A:ll-5 (l) (a) (ii) of the Local Public Contracts Law; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the Contract, upon execution, for public inspection and to publish a notice of this action in The I Record. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #139 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, the City of Hackensack requires the services of a Consultant to provide a Year 2000 (Y2K) compliance survey; 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) (i) of the Local Public Contracts Law; and WHEREAS, it is the desire of the Mayor and Council to engage the services of Cross Current Corporation, 201 South Main Street, Lambertville, NJ 08530, to perform these services; and WHEREAS, a certificate establishing that funds are available from Account #9-10-201-204 of the Current Fund, P.O. #109192 in the amount $15, 000.00, has been issued by the Chief Financial Officer; and I 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: (l) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Cross Current Corporation. (2) This contract is awarded without competitive bidding as a professional service in accordance with NJSA 40A:ll-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 is hereby directed to retain a copy of the contract, upon execution, 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 I RESOLUTION #140 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the City of Hackensack has received Change Order No.1 from Ecoplan Architects, Professional Services for Redevelopment Plan Report for Block 240A, to allow for adjustments to the contract amount of $22,982.82; and WHEREAS, Eugene Duffy, Director of Community Affairs has recommended that said Change Order be approved; and WHEREAS, the Chief Financial Officer has certified that funds are available from Account No. 8-70-100-215 of the Trust UDAG Fund in the amount of $482.82, Purchase Order #107951. NOW, THEREFORE, BE IT RESOLVED, that Change Order No. 1 in the amount of $482.82 for Ecoplan Architects, 635 Palisade Avenue, Englewood Cliffs, New Jersey 07632 be and is hereby approved. Roll Call: Ayes - Galvis, Tr ammell, Stein, Zisa Absent - Mattei RESOLUTION #141 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations for increased contractual I amounts for Salaries, Other Expenses, Insurance, Sewage Treatment, etc. beyond the initial three months of 1999 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 $11,035,525.00; 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 $117,000.00; 2) That said emergency temporary appropriation will be provided for in the 1999 budget. 3) That one certified copy of this resolution be filed with the Director of Local Government Services. I Current Appropriations EMT O/E $ 3,000.00 Safe & Secure O/E 10,000.00 FAST COPS O/E 50,000.00 HUMC (Welcome Signs) O/E 8,000.00 Year 2000 O/E 43,000.00 PUBLIC PARKING SYSTEM UTILITY Public Employees' Retirement System 3,000. 00 TOTAL $ 117,000. 00 Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #142 OFFERED BY: GALVIS SECONDED BY: STEIN I WHEREAS, a resolution is required to request permission for the Dedication by Rider for program income pursuant to the Parking Offenses Adjudication Act required by P. L. 1989, Ch. 137 for the City of Hackensack; and WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonably accurate estimates in advance; and WHEREAS, P. L. 1989, Ch. 137 allows municipalities to receive funds as surcharge fees assessed to parking offenses; and WHEREAS, N. J. S. A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by Dedication by Rider. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The City Council does hereby request permission of the Director of the Division of Local Government Services to pay expenditures of the Parking Offenses Adjudication Act, P. L. 1989, Ch. 137. I 2. The City Clerk of the City of Hackensack is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services. Roll Call: Ayes.- Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #143 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, a resolution is required to request permission for the Dedication by Rider for program income pursuant to the Developer's Escrow Funds required by N.J. S. 40:55D-53. 1 for the City of Hackensack; and WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonably accurate estimates in advance; and WHEREAS, N. J. S. 40:55D-53. 1 allows municipalities to receive funds from Developers when professional services are used to review and inspect land use developments; and WHEREAS, N. J. S. A. 40A:4-39 provides that the Director of the I Division of Local Government Services may approve expenditures of monies by Dedication by Rider. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The City Council does hereby request permission of the Director of the Division of Local Government Services to pay expenditures of the Developer's Escrow Funds as per N. J. S. 40:55D- 53. 1. 2. The City Clerk of the City of Hackensack is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #144 OFFERED BY: GALVIS SECONDED BY: TRAMMELL INTRODUCTION OF ORDINANCE NO. 17-99 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY I RANGES FOR CERTAIN CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK". BE IT RESOLVED that the above ordinance, being Ordinance No. 17-99 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 April 19, 1999, 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 con�idered for final passage. Roll Call: Ayes - Galvis, Tr ammell, Stein, Zisa Absent - Mattei RESOLUTION #145 OFFERED BY: STEIN SECONDED BY: TRAMMELL INTRODUCTION OF ORDINANCE NO. 18-99 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF HACKENSACK". BE IT RESOLVED that the above ordinance, being Ordinance No. 18-99 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be I held on April 19, 1999, 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 #146 OFFERED BY: TRAMMELL SECONDED BY: STEIN INTRODUCTION OF ORDINANCE NO. 19-99 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK" • BE IT RESOLVED that the above ordinance, being Ordinance No. 19-99 as introduced, does now pass on first reading and that said I Ordinance shall be considered for final passage at a meeting to be held on April 19, 1999, 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 #147 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, an incorrect payment of taxes was made on Block 343, Lot 10, COOlF, which created an overpayment in the amount of $919. 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 343, Lot 10, COOlF, owned by Harold & Helen Waldman, to taxes on Block 343, Lot 10, COllG, owned by Peter Pallotta for I 1998 taxes in the amount of $91. 58 and $827. 42 for 1999 taxes. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #148 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, an incorrect payment of taxes was made on Block 532, Lot 10, C0008, which created an overpayment in the amount of $1,153. 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 532, Lot 10, C0008, owned by David Sharff, to taxes on Block 532, Lot 10, C0004, owned by K & P Govindarajan for 1999 taxes in the amount of $1,153. 00. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #149 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered I paid: Current Account $ 7,988,997. 81 Public Assistance II Account 8,967. 79 Capital Account 319,210.45 Public Parking System Account 7,970. 38 Trust Account 10,713. 76 Payroll Agency Account 122,732. 92 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 #150 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, the City of Hackensack Planning Board, in accordance with N. J. S. 40:55D-89 et seq. , is required to undertake a periodic re-examination of their municipal Master Plans and to update their Master Plans; and WHEREAS, the ability to undertake and produce such a study is specialized and qualitative in nature and requires expertise, extensive training and proven reputation in the field of endeavor, I rendering same as "extraordinary unspecifiable services" as defined in N. J. S. A. 40A:ll-2(7) of the Local Public Contracts Law; and WHEREAS, pursuant to N. J. S. A. 40A:ll-5(l) (a) (ii) of the Local Public Contracts Law, the resolution authorizing the award of contracts for extraordinary unspecifiable services without bids and the contract itself must be available for public inspection; and WHEREAS, It is the desire of the Mayor and Council of the City of Hackensack to retain the services of Kasler Associates, 29 Pangborn Place, Hackensack, New Jersey 07601 to produce the update of the Hackensack Master Plan; and WHEREAS, a certificate establishing that funds are available from Account #9-10-343-211 of the General Fund, P.O. #110460 for an amount not to exceed $20,000.00, has been issued by the Chief Financial Officer. 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 a contract with Kasler Associates for the provision of these services; (2) This contract is awarded without competitive bidding as I the services qualify as extraordinary unspecifiable services in accordance with N.J.S.A. 40A: ll-5 (l) ) a) (ii) of the Local Public Contracts Law. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract, upon execution, for public inspection and to publish a notice of this action once in the Record. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #151 OFFERED BY: TRAMMELL : SECONDED BY: GALVIS WHEREAS, Jose and Rosario Pimental are the owners and taxpayers of certain real property known as Block 343, Lot 12.A, Unit SA, designated as 245 Prospect Avenue; and WHEREAS, the taxpayers filed an appeal to their 1996 real property tax assessment, which the matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the $207,400.00; and assessment for the subject property is 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, including application of the Freeze Act (N.J.S.A. 54: 51A-8) if appropriate, which may be necessary in order to effectuate a settlement of litigation entitled "Jose and Rosario Pimental v. City of Hackensack," Docket Nos. 006686-97 presently pending in the Tax Court of New Jersey, so that the assessment be reduced from $207,400.00 to $191,800.00; 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, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #152 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Henry and Estelle Ebert are the owners and taxpayers of certain real property known as Block 343, Lot 12.A, Unit 11 B, designated as 245 Prospect Avenue; and WHEREAS, the taxpayers filed an appeal to their 1996 real property tax assessment, which the matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $227,000.00; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax I 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 application of the Freeze Act (N.J.S.A. 54:51A-8) if appropriate, which may be necessary in order to effectuate a settlement of litigation entitled "Henry and Estelle Ebert v. City of Hackensack," Docket Nos. 006374-97 presently pending in the Tax Court of New Jersey, so that the assessment be reduced from $227,000.00 to $210,000.00; 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 Mrs. Dukes advised the Mayor that her Docket was completed. I The Mayor thanked her and asked Mr. Carnevale, the City Attorney and members of Council if they had anything to report. They did not. Mayor Zisa announced �he passing of Kathy Stanton who served with the Inter-religious Fellowship, an organization that helps the needy. Councilman Stein added that Kathy Stanton was a great advocate of the homeless and served on the board of the Holly Center. Mayor Zisa opened the meeting to the public for discussion of City business and asked if anyone wished to speak. Dorothy Schwartz, 47 Prospect Avenue, addressed three issues (1) a request to have the C.0. W. Agendas sent to her when the Docket first page is sent; (2) the 'resurfacing of Prospect Avenue and (3) matters involving. Rick Marshall, the Zoning Officer and Variance Applications #59-98. and 69-98. Frank Campbell, 111 Catalpa Avenue, asked questions regarding the striping on Spring Valley Avenue; the automated garbage trucks and reported a vehicle transporting the handicapped extended the lift into the traffic lane. He felt this is something that should be looked into. Mayor Zisa responded to Mr. Campbell's questions. I Mr. Campbell also said cross walks are needed on Main Street and the speed limit should be reduced to 25 miles per hour. He asked that the fountain in the Anderson Street Park be cleaned before it is turned on. Sal Marella, 190 Lodi Street, complained about the noise, the pounding and the problems that are occurring from Cinelli Iron and Metal Company on Lodi Street. He said the situation is becoming unbearable and something has to be done. He could not understand how a permit was issued to allow them to operate this type of business. When he spoke with Mr. Marshall, the Zoning Officer, he told him the site was approved for a recycling plant. It was never used for this type of recycling. The following also strongly voiced their complaints about the Cinelli Iron and Metal company: Mr. Sicari, owner of property in the area Mr. Sheloh, 207 Lodi Street, tenant for the past ten years Ed Thaxton, 201 Lodi Street John Grande, 109 Hobart Street I Natalie Servino, owner of several buildings in the area Mary Thaxton, 201 Lodi Street Mayor Zisa, in responding to the citizens, said Cinelli has been issued summonses. He advised that the governing body has no right to release Mr. Marshall, that he is the Zoning Officer and has a state license. He suggested that each individual present file individual complaints in Municipal Court against the company each time they hear the noise. City Attorney Salkin advised that the City has a nuisance ordinance and a citizen may file a complaint as many times as they need to. He also suggested that they go to Municipal Court and file complaints. He recommended that the residents as a group hire an attorney to challenge the Zoning Officer's decision on this matter. Mr. Salkin also added that the permit was issued for the expansion of a non-conforming use which means it should have gone before the Zoning Board of Adjustment. Mayor Zisa thanked all of the residents for coming out to voice their opinions and urged them to follow up on the matter. Motion offered by Galvis, seconded by Stein, that the public hearing be closed and the meeting be adjourned. Carried (9:44 PM) MAY� I ABSENT COUNCILMAN ROGER B. MATTEI , EPUT OR JESUS R. GALVIS 0aa Ai;) c UNCILMANM:ARK A. STEIN ATTEST: I

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