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, February 22, 2000, at 8:00 P.M. Mayor Zisa called the meeting to order and asked everyone to stand for the flag salute. I The Mayor then asked the City Clerk to call the roll. Present - Councilman Jesus R. Galvis, Councilwoman Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Manager James S. Lacava, City Clerk Doris L. Dukes and City Attorney Richard E. Balkin Absent - Deputy Mayor Roger B. Mattei Mrs. Dukes: 11In 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 by posting a copy on the bulletin board in Hackensack11• Mayor Zisa called for a motion to approve the minutes of the meetings held February 7th and 14t\ 2000. Motion offered by Stein, seconded by Trammell that the minutes be approved as submitted. Carried FINAL ADOPTION OF ORDINANCE NO. 1-2000 ENTITLED: "BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $68,250 IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AND I AUTHORIZING THE ISSUANCE OF $65,000 BONDS OR NOTES OF THE CITY FOR FINANCING PART OF THE APPROPRIATION". 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 speak on this ordinance. There was no response. Motion offered by Galvis, seconded by Stein that the public hearing be closed. Carried RESOLUTION #62 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. 1-2000 entitled: "BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $68, 250 IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $65,000 BONDS OR I NOTES OF � THE CITY FOR FINANCING its second and final reading and is hereby adopted. PART OF THE APPROPRIATION", pass Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent -,Mattei RESOLUTION #63 OFFERED BY: TRAMMELL 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: 1614 - Capt. Harry B. Doremus Post #55 American Legion RA: 1615 - Columbians, Inc. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #64 OFFERED BY: GALVIS SECONDED BY: TRAMMELL I 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 $ 2, 737.94 343/14, C006H North American Mtge.Co. 1999 Err.Pymt. $ 48.00 to Marina Concepcion, 151 Prospect Avenue, Hackensack, NJ representing fee paid for a Karate program. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #65 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: 1. 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 I $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 #66 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Alessandra Viola, Public Safety Telecommunicator, has requested a Leave of Absence for four (4) months without pay to assume the position of Police Officer for the City of Hackensack; and WHEREAS, City Manager James S. Lacava has determined that this I employee be granted the Leave of Absence, commencing February 14, 2000 and terminating June 22, 2000; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Alessandra Viola, Public Safety Telecommunicator, be granted a four (4) 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 #67 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack has received Change Order No.1 from Anello Bros. for an increase in fencing from four feet to eight feet at Field #7 in Foschini Park; and WHEREAS, Tom Toscano, Director of Operations has recommended I that said Change Order be approved; and WHEREAS, the Chief Financial Officer has certified that funds are available from Account No. 9-10-891-28P of the Current Fund in the amount of $781.00, Purchase Order #111471; NOW, THEREFORE, BE IT RESOLVED, that Change Order No. 1 in the amount of $781.00 for Anello Bros., 340 Route 23, Pompton Plains, New Jersey 07444 be and is hereby approved. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #68 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Delta Dental Plan of New Jersey wishes to renew its contract with the City for the years 2000 and 2001; and WHEREAS, such renewal would increase the administrative costs from $6.40 to $6.50 per month per employee and the Claims Rate from $46.04 to $47.88 per month; and I WHEREAS, the City's Self-Insurance Committee and the City's Insurance Agent of Record have reviewed the renewal contract and recommend that it is in the best interest of the City to renew; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Mayor be and is hereby authorized to execute the renewal contract (Plan Document) between Delta Dental Plan of New Jersey and the City of Hackensack, effective March 1, 2000 through February 28, 2002. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #69 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, various 1999 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 1999 Budget Appropriation Reserves in the last two months of 1999; and WHEREAS, N.J.S.40A: 4-59 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; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $15, 000.00 be made between the 1999 Budget Appropriation Reserves as follows: FROM TO Group Insurance Plan O/E $ 15, 000.00 Utility O/E 15, 000.00 TOTAL Roll Call: $ 15, 000.00 Ayes - Galvis, Trammell, Stein, $ Zisa 15, 000.00 I Absent - Mattei RESOLUTION #70 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the awarding of contracts and payment on salaries and wages and no adequate provision has been made in the 2000 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 2000 pursuant to the provisions of N.J.S.40A: 4-20 (Chapter 96, P.L.1951) including this resolution total $1, 883, 000.00; NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in I 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 $525, 000.00; 2) That said emergency temporary appropriation will be provided for in the 2000 budget. 3) That one certified copy of this resolution be filed with the Director of Local Government Services.  Current Appropriations Buildings & Grounds O/E $ 40, 000.00 Traffic Control O/E 10, 000.00 Snow Removal S/W 35, 000.00 Shade Tree O/E 20, 000.00 Library O/E 400, 000.00 I PEOSHA O/E 20, 000.00 TOTAL $ 525, 000.00 Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #71 OFFERED BY: TRAMMELL SECONDED BY: GALVIS INTRODUCTION OF ORDINANCE NO. 2-2000 ENTITLED: "BOND ORDINANCE PROVIDING FOR THE RESURFACING OF LODI STREET IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $164, 000 THEREFOR, INCLUDING $100, 000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE ISSUANCE OF $156, 000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF". BE IT RESOLVED that the above ordinance, being Ordinance No. 2-2000 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 March 6, 2000, at 8: 00 P.M., or as soon thereafter as the matter can be reached at the regular meeting place of the City I 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 #72 OFFERED BY: TRAMMELL SECONDED BY: GALVIS INTRODUCTION OF ORDINANCE NO. 3-2000 ENTITLED: "BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO SUSSEX STREET IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $388, 500 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $370, 000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF". BE IT RESOLVED that the above ordinance, being Ordinance No. 3-2000 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 March 6, 2000, 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 #73 OFFERED BY: STEIN SECONDED BY: TRAMMELL I WHEREAS, Section 125 of the Internal Revenue Service Code contains a provision whereby employers can provide their employees with a Flexible Spending Plan for certain insurance premiums, un­ reimbursed medical expenses and child or dependent care assistance to be furnished with pre-tax income; and WHEREAS, the Self Insurance Committee of the City of Hackensack has researched this Flexible Spending Plan and has made a recommendation to adopt said plan to be administered by the American Family Life Assurance Co., Inc. (AFLAC) ; and WHEREAS, the Mayor and Council of the City of Hackensack wishes to adopt this voluntary plan for the benefit of the City of Hackensack employees; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, in the County of Bergen, State of New Jersey, that the Internal Revenue Service Code, Section 125 Flexible Benefit Plan consisting of a Reimbursement Services Agreement is hereby adopted; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute all applicable documents necessary to implement this plan. I Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #74 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Ram Holding Company is the owner and taxpayer of certain real property known as Block 302, Lot 5.A designated as 154 Main Street; and WHEREAS, the taxpayer filed appeals to its 1997 and 1998 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $185, 000 for each year; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and I WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters 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 is hereby authorized and directed to execute any and all documents, including requests for the application of the Freeze Act (N.J.S.A.54: 51A-8) , which may  be necessary to effectuate the settlement of litigation entitled "Ram Holding Company v. City of Hackensack", Docket Nos. 005818-97 and 003468-98, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $170, 000 for all years 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 - Galvis, Trammell, Absent - Mattei Stein, Zisa RESOLUTION #75 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Nigito & Koestner are the owners and taxpayers of certain real property known as Block 403, Lot 3, designated as 408- 418 Main Street; and WHEREAS, the taxpayers have filed an appeal to their 1999 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $625, 300; 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 these matters should be settled; and I 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 requests for the application of the Freeze Act (N.J.S.A.54: 51A-8) , which may be necessary in order to effectuate a settlement of litigation entitled, "Nigito & Koestner v. City of Hackensack, " Docket No. 003791-99 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $608, 000; 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 RESOLUTION #76 OFFERED BY: TRAMMELL SECONDED BY: STEIN I WHEREAS, 50 Passaic Street Associates is the owner and taxpayer of certain real property known as Block 414, Lot 2.B, designated as 50 Passaic Street; and WHEREAS, the taxpayer has filed appeals to its 1998 and 1999 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment is $819, 500 for each year under appeal; 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 I authorized and directed to execute any and all documents, including documents providing for application of the Freeze Act (N.J.S.A.54: 51A-8) , which may be necessary in order to effectuate a settlement of litigation entitled, "50 Passaic Street Associates v. City of Hackensack, " Docket Nos. 001606-98 and 000429-99 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $660, 000 for 1998 and $550, 000 for 1999; 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 RESOLUTION #77 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, all applications for Games of Chance require an ID number Certificate; and WHEREAS Hackensack High School Project Graduation filed applications to conduct Raffles without their Identification Number I Certificate; and WHEREAS, the City Clerk was advised that the Certificate was being mailed and included the applications on the Docket and was approved at the February 7, 2000 Meeting; and WHEREAS, said certificate has not yet been filed; NOW, THEREFORE, BE IT RESOLVED Raffle Application Nos. 1610 and 1611 for Hackensack High School Project Graduation be and are hereby rescinded. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei RESOLUTION #78 OFFERED BY: GALVIS SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack I that the bills in the following accounts be and are hereby ordered paid: Current Account $ 5, 784, 315.41 Capital Account 32, 784.72 Public Assistance II Account 10, 451.61 Public Parking System Account 7, 988.59 Trust Account 4, 175.69 Payroll Agency Account 88, 462.38 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 Mrs. Dukes advised the Mayor that her Docket was completed. The Mayor thanked her and asked the City Manager, City Attorney and members of Council if they had anything to report. I They did not. Mayor Zisa said Mr. Saavage is here and asked the City Clerk if Mr. Taxi had surrendered two taxi licenses. She replied they were to be turned over to Frank Lomia. The Mayor then opened the meeting to the public for discussion of City business. Dorothy Schwartz, 47 Prospect Avenue, discussed freezing property taxes for seniors with low income. She suggested the Rent Ordinance be amended to round off a figure in the amount of "about $50, 000" for seniors as a household figure. She also urged that the yearly increase for garages and parking be amended since they do not warrant the same increases as for apartments. William Saavage, 251 Herman Street, Comet Taxi, thanked the Mayor and Council for their help in obtaining the two taxi licenses. Jack Donovan, Willow Avenue, again, spoke on the subject of the school system and the teachers. He did add that "the I Hackensack School System is no better or no worse than anywhere else". Dialogue between Mr. Donovan, the Mayor and Mr. Stein continued for twenty-five minutes. Motion offered by Stein, seconded by Galvis, that the public hearing be closed and the meeting be adjourned. Carried (9P.M.) ZISA ABSENT DEPUTY MAYOR ROGER B. MATTEI I � ATTE City Clerk�d