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, August 2, 1999, at 8:00 P. M. Mayor Zisa called the meeting to order at 8:05 P. M. and asked everyone to stand for the flag salute. He then asked the City Clerk to call the roll. Present - Deputy Mayor Roger B. Mattei, Councilwoman Juanita I Tr ammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Manager James S. Lacava, City Clerk Doris L. Dukes and City Attorney Richard E. Salkin Absent - Councilman Jesus R. Galvis 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 meeting held July 19th, 1999. Motion offered by Stein, seconded by Trammell that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 26-99 ENTITLED: "AN ORDINANCE TO REPEAL ORDINANCE NO. 4-98 ENTITLED: 'AN ORDINANCE TO AUTHORIZE THE SALE OF CERTAIN CITY-OWNED REAL PROPERTY COMMONLY KNOWN AS A PORTION OF EAST PLEASANTVIEW AVENUE 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 I public hearing. Carried. Mayor Zisa: "Is there anyone present who wishes to be heard on this ordinance". There was no response. Motion offered by Trammell, seconded by Stein that the public hearing be closed. Carried. RESOLUTION #275 OFFERED BY: MATTEI '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. 26-99 entitled: "AN ORDINANCE TO REPEAL ORDINANCE 4-98 ENTITLED 'AN ORDINANCE TO AUTHORIZE THE SALE OF CERTAIN CITY-OWNED REAL PROPERTY COMMONLY KNOWN AS A PORTION OF EAST PLEASANTVIEW AVENUE IN THE CITY OF HACKENSACK, NEW JERSEY'", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Tr ammell, Stein, Zisa Absent -Galvis RESOLUTION #276 OFFERED BY: STEIN SECONDED BY: MATTEI 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 NAME YEAR REASON $1, 205.28 39/12b Mandelbaum&Mandelbaum Atty. Trust Acct. 1998 STB 6, 440. 00 210/15 Feinstein, Raiss, Kelin, & Booker, LLC 1997 STB 2, 108. 64 303/1 II " " II " 1997 STB  548.00 432/27A First American Real Estate Tax Service 1998 Err. Pymt. 913.00 433/24 Summit Bank 1998 Err. Pymt. $ 190.00 to Barbette Henry, 22 Ward St.-#4E, Hackensack, NJ 07601 for a child enrolled in the Recreation Department's Summer Extended Day Program which was withdrawn. I $ 50.00 to Mrs. Jamilla Muhammad, 345 Second Street, 2nd Floor, Hackensack, NJ 07601 for a child enrolled in the Recreation Department's "L7 Playground Program" which was withdrawn. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #277 OFFERED BY: TRAMMELL SE�ONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that Norman Levin be and is hereby reappointed Constable for the City of Hackensack, for a one (1) year term; and BE IT FURTHER RESOLVED that the duties/activities are limited to those City related activities as directed by the City Manager. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #278 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that Father Robert Hoatson of the Holy Trinity Church be and is hereby appointed as a Chaplain for the Hackensack Fire Department. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis I RESOLUTION #279 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for an equal amount; and WHEREAS, the City will receive $34, 227.33 from the Office of the County Prosecutor, Bergen County and wishes to amend its 1999 Budget to include this amount as a revenue; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack, in the County of Bergen, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 1999 in the sum of $34, 227.33, which is now I available as a revenue from: Miscellaneous Revenues Special items of General Revenue anticipated with prior written consent of the Director of Local Government Services: State and Federal Revenues Off-Set with Appropriations: Bergen County Prosecutors Office - Forfeited Funds BE IT FURTHER RESOLVED that the like sum of $34, 22 7.33 be and the same is hereby appropriated under the caption of:  General Appropriations (a) Operations excluded from 5% caps I State and Federal Programs Off-set by revenues: "Bergen County Prosecutor's Office - Forfeited Funds" BE IT FURTHER RESOLVED, that the City Clerk forward two copies of this resolution to the Director of Local Government Services. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis I RESOLUTION #280 OFFERED BY: MATTEI SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-063-006 heretofore issued to 231 Polifly Road Corp., a New Jersey Corporation, 231 Polifly Road, Hackensack, New Jersey, be approved for a place to place transfer to include the expansion of the premises at 231 Polifly Road, Hackensack, N. J., effective August 6, 1999; Roll Call: Ayes - Mattei, Tr ammell, Stein, Zisa Absent - Galvis RESOLUTION #281 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, Christine M. Trezza, Municipal Court Administrator, has requested a Leave of Absence without pay for twelve (12) weeks under the Family Leave Act for maternity; and WHEREAS, City Manager James S. Lacava has determined that this employee be granted a twelve (12) week Leave of Absence, commencing August 2, 1999 and terminating October 22, 1999; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the I City of Hackensack, that Christine M. Trezza, Court Administrator be granted a twelve (12) week 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 - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #2 82 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, pursuant to an advertisement in The Record, bids were received on July 27, 1999, for the Rehabilitation of Storm and Sanitary Sewer (No Dig) ; and WHEREAS, one bid was received from United Gunite Construction, Inc. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the contract for the Rehabilitation of Storm and Sanitary Sewer (No Dig) for the City of Hackensack be awarded to United Gunite Construction, Inc., 102 Welland Avenue, Irvington, New Jersey 07110 at the contracted prices of 30" to 36" I pipe - $359 per linear foot, 37" to 48" pipe - $373.00 per linear foot, 49" to 60" pipe - $383.00 per linear foot, 15% additional labor. BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in account #9-10-530-204 of the Current Fund, pursuant to the bid submitted. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #283 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Firefighters Equipment Company, 3053 Route 10 East, Dover, New Jersey 07802 was awarded New Jersey Contract #A40212 under the State of New Jersey Cooperative Purchasing Program 1- NJCP; and WHEREAS, the City of Hackensack wishes to purchase Scot Air­ Paks for the Fire Department pursuant to the Local Public Contracts Law (N.J.S.A. 40A:ll-12) ; and I WHEREAS, the cost to purchase the Scot Air-Paks will not exceed $60, 000.00; and WHEREAS, the Fire Chief recommends and the Director of Purchasing agree that the utilization of this contract represents the best price available; NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the purchase of Scot Air-Paks for the Fire Department from the Firefighters Equipment Company; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. X-050-Q24-003 in the amount of $60, 000.00 from the Current Fund. Purchase Order No. 112 152. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #284 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the City of Hackensack is desirous in obtaining entertainment for August 3, 1999 National Nightout; and WHEREAS, it is the desire of the Mayor and City Council to engage the services of Jerry LaGuardia Productions, PO Box 462, Lyndhurst, New Jersey 07074 to supply the necessary equipment; and I WHEREAS, such services being specialized and qualitative in nature, are "extraordinary, unspecifiable services as that term is defined in N.J.S.A. 40A:ll-2 (7) , and are, therefore, exempt from public bid; and WHEREAS, a certificate establishing that funds will be available from the 1999 Budget, Purchase Order No. 112018 in the amount of $2, 250.00 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 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: l) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Jerry LaGuardia Productions for the performance of the aforedescribed extraordinary, unspecifiable services. 2) This contract is awarded without competitive bidding as an extraordinary, unspecifiable service in accordance with N.J.S.A. 40A:ll-S (l) (a) (i) of the Local Public Contracts 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, Tr ammell, Stein, Zisa Absent - Galvis  RESOLUTION #285 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, the City of Hackensack received Change Order No. 1 from Tilcon New York-New Jersey, Inc. for the State Aid Improvement of Prospect Avenue, Phase I for Police Traffic Directors, milling, and reset castings and various material reductions; and WHEREAS, Kenneth G. B. Job, the City's Consulting Engineer, has recommended that said Change Order be approved; and WHEREAS, the Chief Financial Officer has certified that funds I are available from Account No. x-50-N05-001 of the General Capital Fund in the amount of $4, 687. 58, P. O. #105403; NOW, THEREFORE, BE IT RESOLVED, that Change Order No. 1 in the amount of $4, 687. 58 for Tilcon New York-New Jersey, Inc. , P. O. Box 8248, Haledon, New Jersey 07508, be and is hereby approved. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #286 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, the City of Hackensack has received Change Order No. 1 from RCG Information Technology for the Year 2 000 Assessment Project to allow for adjustments to the contract amount of $72, 500. 00 to include Plan, Inventory, Assessment and Update; and WHEREAS, James Lacava, City Manager, Louis J. Garbaccio, Treasurer and John Greenwood have recommended that said Change Order be approved; and WHEREAS, the Chief Financial Officer has certified that funds are available from Account 9-10-894-204 of the Current Fund in the amount of $39, 400. 00. Purchase Order .#109192. I NOW, THEREFORE, BE IT RESOLVED, that Change Order No. 1 in the amount of $39, 400. 00 for RCG Information Technology, 70 Wood Avenue South, Iselin, New Jersey 08830 be and is hereby approved. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #287 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, Hackensack Industrial Center is the owner and taxpayer of certain real property known as Block 504. A, Lot 14N located on Commerce Way; and WHEREAS, the taxpayer has filed appeals to its 1994 and 1996 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 $265, 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 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) , which may be necessary in order to effectuate a settlement of litigation entitled "Hackensack Industrial Center v. City of Hackensack", Docket Nos. 006064-94 and 0008595-96 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $165, 000. 00 for 1994 and 1996 and such Freeze Act years may be applicable; 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, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #288 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, Hackensack Industrial Center is the owner and I taxpayer of certain real properties known as Block 504. A, Lot 14G ·and 14C designated as 80 Commerce Way; and WHEREAS, the owner has filed an appeal to its 1996 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey and seeks application of the Freeze Act (N.J. S. A. 54:5 1A-8) for the 1996 assessments based upon the Judgement issued for the year 1995 under Docket No. 003531-95 ; and WHEREAS, the assessments for the subj ect properties are $2, 2 00, 000. 00 for Lot 14G and $975, 400. 00 for Lot 14C; 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 which may be necessary in order to effectuate a settlement of litigation entitled "Hackensack Industrial Center v. City of Hackensack", Docket Nos. 008570-96 presently pending in the Tax Court of New Jersey, and "Metpath v. City of Hackensack", so that the assessments be reduced to $1, 917, 200. 00 for Block 504. A, Lot 14G and $639, 100. 00 for Block 504. A, Lot 14C for 1996; 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, Trammell, Stein, Zisa Absent - Galvis RESOLUTION #289 OFFERED BY: TRAMMELL 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, 717, 703. 14 Public Assistance II Account 7, 758. 11 I Capital Account 345 , 815. 61 Public Parking System Account 182, 855. 34 Trust Account 30, 563. 66 Payroll Account 265, 031. 17 UDAG #2 Account 2 4, 145. 80 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, Trammell, Stein, Zisa Absent - Galvis  RESOLUTION #290 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, N. J. S. A. 4 OA:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and WHEREAS, the Annual Report of Audit for the year 1998 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N. J. S. 40A:S-6, and a copy has been received by each member of the governing body; and I WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R. S. 52:27BB-34; and WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled: General Co�ents and Recommendations; and WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled: General Comments and Recommendations, as evidenced by the group affidavit form of the governing body; and WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board; and WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum I requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid, and have subscribed to the affidavit as provided by the Local Finance Board; and WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subj ect the members of the local governing body to the penalty provisions of R. S. 52:27BB- 52 to wit: R. S. 52:27BB-52 - "A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the Director of Local Government Services, under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1, 000. 00) or imprisoned for not more than one year, or both, and in addition shall forfeit his office. " NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hackensack hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968, and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. Roll Call: Ayes - Mattei, Trammell, Stein, Zisa I Absent - Galvis Mrs. Dukes advised the Mayor that her Docket was completed. The Mayor thanked her and asked the City Manager and City Attorney if they had anything to report. City Attorney Salkin stated that the question regarding residency comes up quite often and read the statute which answers the question.  Mayor Zisa pointed out there are some states that will allow municipalities to enact an ordinance but New Jersey is not one of them. The Mayor asked members of Council if they had anything to report. Councilman Stein said he attended the Colombian Celebration on Sunday and commended the outstanding j ob the City's Police, Fire, DPW and Sanitation Departments did. He said the Celebration was well attended. Mayor Zisa announced that finally the Susquehanna Tressel at Mercer Street is going to be replaced. He said he was thankful that the several levels of government and the private sector have I worked everything out and hope it will be done in approximately one year. Mayor Zisa opened the meeting to the Public for discussion of City business. Dorothy Schwartz, 47 Prospect Avenue, spoke about the City Budget. She also addressed the condition of the sidewalk on Thompson Street, adding that something should be done. Frank Campbell, 111 Catalpa Avenue asked questions and/or made comments on the following items: cleanup of Madison Avenue as to who's responsible; the condition of the Railroad in Hackensack as compared to Westwood and the fact that it should be made presentable; Tressel replacement; the 1992 storm that uprooted a tree causing the blue stone curb to be destroyed and that it should be replaced with blue stone; automated garbage collection and the keeping of records to show savings. The Mayor responded to Mr. Campbell. Jack Donovan, Willow Avenue, also made comments about the tressel at Mercer Street and thanked Mr. Lacava for the letter regarding the airport. He feels there is an environmental factor I involved with the airplanes flying so low. Motion offered by Trammell, seconded by Mattei, that the public hearing be closed and the meeting be adj ourned. Carried (9:05 PM) ABSENT COUNCILMAN JESUS -Ri\ GALVIS I I ATTEST: �:(��