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, May 3, 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's Assistant Kelly A. Mcveigh 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's I Assistant Kelly A. Mcveigh and City Attorney Richard E. Salkin Absent - City Clerk Doris L. Dukes Mr. Salkin: "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 meeting held April 19th, 1999. Motion offered by Stein, seconded by Galvis that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 20-99 ENTITLED: "AN ORDINANCE TO AMEND ARTICLE II OF CHAPTER 93 OF 'THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY', ENTITLED 'GARBAGE, RUBBISH AND REFUSE• ARTICLE II COLLECTION AND RECYCLING". • • 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. I Mayor Zisa: on this ordinance. "Is there anyone present who wishes to be heard Frank Campbell, 111 Catalpa Avenue, had questions regarding this ordinance. Mayor Zisa, the City Manager and the City Attorney responded. Motion offered by Mattei, seconded by Stein that the public hearing be closed. Carried. RESOLUTION #173 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. 20-99 entitled: "AN ORDINANCE TO AMEND ARTICLE II OF CHAPTER 93 OF 'THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY', ENTITLED 'GARBAGE, RUBBISH AND REFUSE ARTICLE II COLLECTION AND RECYCLING"', pass • • . its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #174 OFFERED BY: TRAMMELL SECONDED �7:/ STEIN BE IT RESOLVED by the City Council of the City of Hackensack I that the proper officers be and are hereby authorized to make the following refunds for the reason stated: AMOUNT BLOCK/LOT REASON $ 1,992.00 343/12A,C006B Murray, Ann I. 1999 Err.Pymt 1,442.96 222/10 Bastug, Gungor & Mary 1998 II II 714.00 222/10 II II II 1999 II II Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #175 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the Mayor and Council of the City of Hackensack adopted Resolution Number 334 on October 20, 1997 proposing and confirming a Community Development Block Grant in the amount of $ 400,000.00 for a sewer line restoration project for the City; and WHEREAS, the U.S. Department of Housing and Urban Development awarded only $ 200,000.00 of the original $400,000.00 funding that was applied for; and I WHEREAS, the Mayor and Council wishes to change the awarded project funding of $ 200,000.00 of the 1998 Community Block Grant Funding to provide for Improvements to the Kennedy Street Pump Station; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack hereby request that Bergen County Community Development Grants be approved for the aforementioned new project; 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. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #176 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the Mayor and Council of the City of Hackensack wishes to enter into a grant agreement with the County of Bergen for the purpose of using $221,811.00 in 1998 Community Development Block Grant funds for the Improvement of the Kennedy Street Pump Station at 65 East Kennedy Street in the City of Hackensack; and WHEREAS, the Mayor and Council recognizes that the City of Hackensack is liable for any funds not spent in accordance with the grant agreements pursuant to HUD requirements. I NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they are hereby authorized to sign the aforesaid grant agreements and that the Chief Financial Officer is hereby authorized to sign all County vouchers submitted in connection with the aforesaid projects. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #177 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, the Mayor and Council of the City of Hackensack wishes to enter into a grant agreement with the County of Bergen for the purpose of using $125,000.00 in 1998 Community Development Block Grant funds for the Barrier Free Municipal Building Project at 65 Central Avenue in the City of Hackensack; and WHEREAS, the Mayor and Council recognizes that the City of Hackensack is liable for any funds not spent in accordance with the grant agreements pursuant to HUD requirements. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk I be and they are hereby authorized to sign the aforesaid grant agreements and that the Chief Financial Officer is hereby authorized to sign all County vouchers submitted in connection with the aforesaid projects. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #178 OFFERED BY: GALVIS SECONDED BY: MATTEI WHEREAS, the Mayor and Council of the City of Hackensack wishes to enter into a grant agreement with the County of Bergen for the purpose of using $45,070.23 in 1998 Community Development  Block Grant funds for the Rehabilitation of Johnson Park Restrooms in the City of Hackensack; and WHEREAS, the Mayor and Council recognizes that the City of Hackensack is liable for any funds not spent in accordance with the grant agreements pursuant to HUD requirements. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they are hereby authorized to sign the aforesaid grant agreements and that the Chief Financial Officer is hereby authorized to sign all County vouchers submitted in connection with I the aforesaid projects. Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein, Zisa RESOLUTION #179 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the Mayor and Council of the City of Hackensack wishes to enter into a grant agreement with the County of Bergen for the purpose of using $175,000.00 in 1998 Community Development Block Grant funds for the Construction of a Roller Hockey Rink in Staib Park on Davis Street in the City of Hackensack; and WHEREAS, the Mayor and Council recognizes that the City of Hackensack is liable for any funds not spent in accordance with the grant agreements pursuant to HUD requirements. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they are hereby authorized to sign the aforesaid grant agreements and that the Chief Financial Officer is hereby authorized to sign all County vouchers submitted in connection with the aforesaid projects. Roll Call: Ayes - Mattei, Galvis, Tranunell, Stein, Zisa RESOLUTION #180 OFFERED BY: MATTEI SECONDED BY: STEIN I WHEREAS, the City of Hackensack (the "Borrower") intends to acquire, construct, renovate and/or install the environmental infrastructure project more fully described in Exhibit A attached hereto (the "Project"); and WHEREAS, the Borrower intends to finance the Project with debt obligations of the Borrower (the "Project Debt Obligations") but may pay for certain costs of the Project (the "Project Costs") prior to the issuance of the Project Debt Obligations with funds of the Borrower that are not borrowed funds; and WHEREAS, the Borrower reasonably anticipates that obligations, the interest on which is excluded from gross income under Section 103 Internal Revenue Code of 1986, as amended (the "Code"), will be issued by the New Jersey Environmental Infrastructure Trust (the "Issuer") to finance the Project on a long-term basis by making a loan to the Borrower with the proceeds of the Issuer's obligations (the "Project Bonds"); and WHEREAS, the Borrower desires to preserve its right to treat an allocation of proceeds of the Project Debt Obligations to the reimbursement of Project Costs paid prior to the issuance of the Project Debt Obligations as an expenditure for such Project Cost to I be reimbursed for purposes of Sections 103 and 141 through 150, inclusive, of the Code. NOW THEREFORE, BE IT RESOLVED, by the City Council (the "Borrower") of the City of Hackensack as follows: Section 1. The Borrower reasonably expects to reimburse its expenditure of Project Costs paid prior to the issuance of the Project Debt Obligations with proceeds of its Project Debt Obligations.  Section 2. This Resolution is intended to be and hereby is a declaration of the Borrower's official intent to reimburse the expenditure of Project Costs paid prior to the issuance of the Project Debt Obligations with the proceeds of a borrowing to be incurred by the Borrower, in accordance with Treasury Regulations 150-2. Section 3. The maximum principal amount of the Project Debt Obligations expected to be issued to finance the Project is $4,947,000.00. I Section 4. The Project Costs· to be reimbursed with the proceeds of the Project Debt Obligations will be "capital expenditures" in accordance with the meaning of Section 150 of the Code. Section 5. No reimbursement allocation will employ an "abusive arbitrage device" under Treasury Regulations 1.148-10 to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147, inclusive, of the Code. The proceeds of the Project Bonds used to reimburse the Borrower for Project Costs, or funds corresponding to such amounts, will not be used in a manner that results in the creation of "replacement proceeds", including "sinking funds", "pledged funds" or funds subject to a "negative pledge" (as such terms are defined in Treasury Regulations 1.148-1), of the Project Debt Obligations or another issue of debt obligations of the Borrower other than amounts deposited into a "bona fide debt service fund" (as defined in Treasury Regulations 1.148-1). Section 6. All reimbursement allocations will occur not later than 18 months after the later of (i) the date the expenditure from a source other than the Project Debt Obligations is paid or (ii) the date the Project is "placed in service" (within the meaning of Treasury Regulations 1.150-2) or abandoned, but in no event more than 3 years after the expenditure is paid. Section 7. This Resolution shall take effect immediately. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #181 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the City of Hackensack is a party in a matter pending in the Superior court of New Jersey entitled Troiano vs. Planning Board of the City of Hackensack and the City of Hackensack, Docket No. L-2435-98; and WHEREAS, upon recommendation of the City Attorney, it is appropriate to engage the services of a licensed professional Planner in connection with the City's defense in this matter; 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 Burgis Associates, Inc., 25 Westwood Avenue, Westwood, New Jersey 07675 to perform these services; and WHEREAS, a certificate establishing that funds are available from Account #9-10-240-204 of the Current Fund, Purchase Order #110815, in an amount not to exceed $ 2,500.00, has been issued by I 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 bv the Mayor and Council of  EXHIBIT A Project Description The City of Hackensack owns and operates separate and combined sanitary sewer systems. The project includes long term solids/floatables control measures required to upgrade the combined sewer systems within the City of Hackensack (the City). The project eliminates the discharge of solids/floatables, that cannot pass through the bar screens of the Court Street and Anderson Streets CSO, into the Hackensack River. It includes the construction of two Solids Interception Facilities at Court Street and Anderson Street. The solids and floatables will be removed from the wastewater stream and conveyed to the Bergen County Utilities Authority's (BCUA) Hackensack Valley Trunk Sewer via the proposed screenings conduit lines. The City's Sewage is treated at the BCUA Treatment Plant in the Borough of Little Ferry. The plant's effluent discharges into the Hackensack River.  the City of Hackensack that: (1) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Burgis Associates, Inc., for the performance of the aforedescribed planning services; (2) This Contract is awarded without competitive bidding as a professional service in accordance with N.J.S.A.40A:ll-S(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. I 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #182 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the City of Hackensack requires the services of a Consultant to assist in the coordination and preparation of applications for funding of various and significant projects perceived to be vital to the economic, environmental and aesthetic improvement of the City; and WHEREAS, the ability to undertake this function is specialized and qualitative in nature and requires expertise, extensive training and proven reputation in the field of endeavor, 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, it is the desire of the Mayor and Council of the City of Hackensack to engage the services of Muller, Bohlin and Associates, 233 Montgomery Street, Highland Park, New Jersey 08904, I for these purposes; and WHEREAS, a certificate establishing that funds are available from Account #9-10-343-227 of the General Fund, Purchase Order #110814 for an amount not to exceed $55,000.00, has been issued by the Chief Financial Officer to retain the services of Muller, Bohlin and Associates to perform the aforedescribed services; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and 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 Muller, Bohlin and Associates for the provision of these services; (2) This contract is awarded without competitive bidding as the services qualify as extraordinary unspecifiable services in accordance with N.J.S.A.40A:ll-S(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. I Roll Call: RESOLUTION #183 Ayes - Mattei, Galvis, Tr ammell, Stein, Zisa OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations for increased contractual 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 $12,123,025.00; 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 I hereby made for the awarding of annual contracts in the amount of $ 688,000.00; 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. Current Appropriations Tax Assessor O/E $ 20,000.00 Tax Collector O/E 3,000.00 Group Insurance Plans O/E 600,000.00 School Crossing Guards S/W 50,000.00 Traffic Control 0/E 5,000.00 Health Department O/E 10,000.00 TOTAL $ 688,000.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #184 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, a Resolution is required to request permission for the Dedication by Rider for program income pursuant to the Uniform Fire Safety Act Penalty Monies required by N.J.S.A. 52:27D-192 et. seq. for the City of Hackensack; and I 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.A. 52:27D-192 et. seq. allows municipalities to receive as penalty monies assessed for Uniform Fire Safety Act; 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 Uniform Fire Safety Act, Penalty Monies, N.J.S.A. 52:27D-192 et. seq. 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #185 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the City of Hackensack is desirous of establishing a service which expedites the remote application, processing and delivery of vital records that are maintained by the Health Department; and  WHEREAS, VitalChek Network, Inc., a corporation organized under the laws of the State of Tennessee, with offices located at 4512 Central Pike, Hermitage, Tennessee, is engaged in the business of providing a service which expedites the remote application, processing and delivery of requests for vital records; and WHEREAS, VitalChek will provide said services desired by the City of Hackensack, as specified in the agreement dated May 3, 1999 and at no cost to the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City I of Hackensack that the Mayor and the City Clerk be hereby authorized and directed to execute said agreement, dated May 3, 1999 with VitalChek Network, Inc. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #186 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, there is an overpayment of taxes on Block 587, Lot 3, owned by V & N Gioffre in the amount of $1,246.00 for 1998 4th quarter taxes and $1,233.00 for 1999 1st quarter taxes; and WHEREAS, Transamerica Real Estate Company has informed us those payments should be applied to Block 576, Lot 7A owned by H & C Bustos; NOW, THEREFORE, BE IT RESOLVED that the proper officers be and are hereby authorized to transfer $1,246.00 from the 1998 overpayment and $170.98 from the 1999 overpayment on Block 587, Lot 3 to the 4th quarter 1998 unpaid taxes and $1,062.02 to the 1st quarter 1999 taxes on Block 576, Lot 7A. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #187 OFFERED BY: STEIN SECONDED BY: GALVIS I WHEREAS, Alliance Mortgage Company has inf armed the Tax Collector they used an incorrect condo unit number in paying 1998 taxes; and WHEREAS, Block 237, Lot 2b, C003D owned by S. Wallach has an incorrect posting of $1,514.32 for 1998 taxes; and WHEREAS, Block 237 Lot 2B, C03DD owned by R. Joroff has an outstanding balance for his 1998 taxes; NOW, THEREFORE, BE IT RESOLVED that the Tax Collector is authorized and directed to transfer $1,514.32 from Block 237, Lot 2B, C003D 1998 taxes to $1,275.88 1998 taxes and $238.44 1999 taxes on Block 237 L 2B C03DD • . Roll Call: Ayes - Mattei, Galvis, Tr ammell, Stein, Zisa RESOLUTION #188 OFFERED BY: TRAMMELL SECONDED BY: S�EIN INTRODUCTION OF ORDINANCE NO. 21-99 ENTITLED: "AN ORDINANCE TO AUTHORIZE A LEASE OF AN UNDERSIZED CITY-OWNED LOT, COMMONLY KNOWN AS 25 VAN ORDEN PLACE, BLOCK 501, LOTS 27 AND 28A, TO AN ADJACENT PROPERTY OWNER, PURSUANT TO N.J.S.A. 40A:12-16(J)". I BE IT RESOLVED that the above ordinance, being Ordinance No. 21-99 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 May 17, 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #189 OFFERED BY: GALVIS SECONDED BY: TRAMMELL INTRODUCTION OF ORDINANCE NO. 22-99 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN NON-CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK". BE IT RESOLVED that the above ordinance, being Ordinance No. 22-99 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 May 17, 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #190 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, Johnson Associates is the owner and taxpayer of certain real property known as Block 527, Lot 5.D designated as 101 Zabriskie Street; and WHEREAS, the taxpayer has filed appeals to its 1996, 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 $ 272,300.00; and WHEREAS, upon review of appears appropriate; and information submitted, a reduction I 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 "Johnson Associates v. City of Hackensack", Docket Nos. 008755-96, 005343-97 and 003958-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $236,700.00 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. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #191 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, 9-11 Corporation is the owner and taxpayer of certain real property known as Block 39, Lot 32 designated as 9-11 East Broadway; and WHEREAS, the taxpayer has filed appeals to its 1998 real property tax assessment, which matter are presently pending in the Tax Court of New Jersey; and  WHEREAS, the assessment for the subject property is $217,400.00; 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; 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 which may be necessary in order to effectuate a settlement of litigation inclusive of any Freeze Act application, entitled 119-11 Corporation v. City of Hackensack", Docket Nos. 004315-98 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $185,000.00; 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #192 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, Oak Street Realty is the owner and taxpayer of certain real properties known as Block 530, Lot 4 designated as 166 Johnson Avenue and Block 530, Lot 5 designated as 172 Johnson · Avenue; and WHEREAS, the taxpayer has filed an appeal to its 1996, 1997 I and 1998 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for Lot 4 is $245,000. 00 and the assessment for Lot 5 is $392,900.00; 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 entitled "Oak Street Realty v. City of Hackensack", Docket Nos. 008756-96; 008757-96; 005345-97; 005347-97; 003941-98 and 003947-98 presently pending in the Tax Court of New Jersey, so that the assessments for Block 530, Lot 4 be reduced to $228,000.00 and the assessment for Block 530, Lot 5 be reduced to $372,000.00; 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 #193 OFFERED BY: MATTEI SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid:  Current Account $ 7,689,883.62 Public Assistance II Account 10,735.82 Capital Account 5,976.94 Public Parking System Account 5,704.51 Public Parking Capital Account 738.58 Payroll Agency Account 123,021.72 Escrow Account 8,446.96 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 I RESOLUTION #194 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, pursuant to an advertisement in the Record, bids were received on July 17, 1998 for labor, materials, and equipment for the general construction for the Hackensack Cultural Arts Center; and WHEREAS, fifteen bids were received; and WHEREAS, because of the delay of Community Development Block Grant Funds, as per state statute the three lowest bidders agreed· to an extension of their proposals; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the labor, materials, and equipment for the general construction for the Hackensack Cultural Arts Center be awarded to the low bidder, Paragon Associates, 251 Jernee Mill Road, Sayreville, New Jersey 08872 for the amount of $192,037.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has I certified that funds are available in account #X-50-M20-001. Purchase Order #110911. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Ms. Mcveigh advised the Mayor that her Docket was completed. The Mayor thanked her and asked the City Manager, the City Attorney and members of Council if they had anything to report. They did not. 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, indicated she has spoken with Mr. John Carr and he feels that the glare problem has not been resolved. She also expressed concern regarding pedestrian traffic on Prospect Avenue in the area of the H.U.M.C. campus. Jack Donovan, Willow Avenue, questioned the financing of the construction of the Roller Hockey Rink at Staib Park. The Mayor responded by stating that it is being funded by Bergen County Community Block Grant Funds and there was significant public support for its construction. I Frank Campbell, 111 Catalpa Avenue, commented on the Board of Education's dissemination of information regarding the titles of public officials participating in Reading Day. . Lenny Nix, 83 Elm Avenue, made inquiry regarding the funding of the Kennedy Street Pump Station Project as well as the leasing of the City-owned property on 25 Van Orden Place. He further commented on the lack of sidewalks in the norther area of Hackensack Avenue and expressed his opinion regarding the walkway in the area of the Ice House. His concerns were addressed by the Mayor, City Manager, and the City Attorney.  Motion offered by Trammell, seconded by Galvis, that the public hearing be closed and the meeting be adjourned. Carried (9:20 PM) I ATTEST: CITY CLERK I I