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, April 3, 2000, at 8:00 P.M. Mayor Zisa called the meeting to order at 8:10 PM and asked everyone to stand for the flag salute. The Mayor then asked the City Clerk to call the roll. I Galvis, Present - Deputy Mayor Roger B. Mattei, Councilwoman Juanita Trammell, Councilman Jesus R. Councilman Mark A. Stein, Mayor John F. Zisa, City Manager James S. Lacava, City Clerk Doris L. Dukes and City Attorney Richard E. Salkin Mrs. Dukes: "In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975 adequate notice of this meeting was provided by sending a notice to the Record and by posting a copy on the bulletin board in Hackensack11• Mayor Zisa, before starting the regular business of the meeting, recognized " Brownita Sharif and Kathleen Salvo from the Citizens Police Alumni Association who presented donations to the Traffic Division of the Police Department. The donations were accepted by Captain Osinski and Captain Ust. Mayor Zisa called for a motion to approve the minutes of the meeting held March 20 th, 2000. Motion offered by Mattei, seconded by Galvis that the minutes be approved as submitted. Carried I RESOLUTION #116 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: AMOUNT BLOCK/LOT NAME YEAR REASON $ 2,185.92 407A/2 Saul A. Wolfe, Atty. & Camden-State Assoc. 1997 STB 2,209.68 407A/2 " " " " 1998 STB 2,269.08 407A/2 " " " " 1999 STB $13,775.00 to Franklin Universal Building Corp., 1700 Route 23, Suite 120, Wayne, NJ 07470 for Escrow Deposit Permit ) No. E-5450 and Deposit in lieu of Bond for Road Work $ 1,525.00 to AT&T, 275 Old New Brunswick Road, Piscataway, NJ 08854 for excavation/Performance Bond Fee paid in error Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #117 OFFERED BY: GALVIS SECONDED BY: MATTEI I WHEREAS, the governing body of the City of Hackensack had been advised that an emergency affecting the health, safety and welfare of the citizens of Hackensack, had occurred due to a blockage at Brasses Creek Pump Station; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to correct the condition; and  WHEREAS, the total cost to correct the condition is estimated to be $7, 050.00, including engineering fees, which is a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account No. 0-10-530-204 of the Current Fund, P.O. I No. 115773; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack, pursuant to N.J.S.A.40A: ll-6, which authorizes the governing body to award contracts without public bidding in emergency situations, that National Water Main Cleaning Co., 875 Summer Avenue, Newark, New Jersey 07104-3684, be paid therefore. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #118 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the Hackensack Public School System is proposing to construct an addition to the Middle School at 355 State Street, known as lots 1 and 12 in Blocks 413 and 318 in the City of Hackensack; and WHEREAS, the construction of this project will increase the sanitary sewer flows from the site by more than 8, 000 gallons per day; and WHEREAS, it is necessary that the Hackensack Public School System obtain from the Department of Environmental Protection a Sewer Extension Permit WQM-003; and I WHEREAS, pursuant to statute, it is required that the municipality certify that the project is in conformance with the requirements of all municipal ordinances and that the governing body of the municipality approves of the project as proposed by the applicant and that the City does not object to the application of a Sewer Extension Permit; NOW, THEREFORE, BE IT RESOLVED that the Mayor, City Clerk and all other appropriate City officials be and they hereby are authorized to execute the above-described endorsement form required by the New Jersey Department of Environmental Protection; and BE IT FURTHER RESOLVED that no construction permits be issued until all permit applications required by any department or division of the State of New Jersey have been approved. Roll Call: - Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #119 OFFERED BY: TRAMMELL SECONDED BY: STEIN P. E., WHEREAS, on March 22na, 1999, a contract with Peter G. Steck, P.P. was authorized by the approval of Resolution #128; and I WHEREAS, said contract was entered into for the provision of the necessary professional planning reviews of several applications then pending before the Planning Board; and  WHEREAS, after the services of Peter G. Steck, P.E., P.P. were engaged, it became necessary to expand the scope of said services; and WHEREAS, a certificate establishing that funds are available from Account No. 9-10-344 212 of the Current Fund for an additional amount of $2,022.50 has been issued by the Chief Financial Officer, I P.O. #110235; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that Resolution 128 be, and hereby is amended to reflect a figure of $7,522.50 representing compensation payable to Peter G. Steck, P.E., P.P., P.O. Box 306, Maplewood, New Jersey 07040, for professional services rendered. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #120 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, pursuant to an advertisement in The Record, bids were received on March 1, 2000 for Network Wiring Configuration and Setup for the Hackensack Fire Department; and WHEREAS, bids were received from Data Network Solutions, United Computer Sales & Service and Vespa Electrical Co.; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that the contract for Network Wiring Configuration and Setup for the City of Hackensack Fire Department I be awarded to the low bidder, Data Network Solutions, 162 E. Newman Springs Road, Red Bank, New Jersey 07701 in the amount of $8,317.48; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in Account No. X-50-Q24-002 of the Capital Fund. P.O. No. 115849. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #121 OFFERED BY: GALVIS SECONDED BY: TRAMMELL 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 I 96,P.L.1951} including this resolution total $11,243,576.10; WHEREAS, the interval between the timely introduction of the and municipal budget, which requires state approval before adoption generates a reliance upon the provisions of N.J.S.A.40A:4-20 for municipalities to approve resolutions authorizing emergency temporary appropriations;  NOW I THEREFOR.E, 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 $412, 000.00; I 2) Tnat 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 Admininstrative & Executive S/W $ 150, 000.00 Administrative & Executive O/E 10, 000.00 Public Bldgs. & Grounds O/E 50, 000.00 Utilities O/E 100, 000.00 Fire Department O/E 40, 000.00 Fire Hydrant Service O/E 40, 000.00 Traffic Control O/E 5, 000.00 Volunteer Ambulance Corp. O/E 7, 000.00 City Garage O/E 5, 000.00 HAPADA O/E 5, 000.00 TOTAL $ 412, 000.00 Roll Call: RESOLUTION #122 Ayes - Mattei, OFFERED BY: Galvis, STEIN Trammell, Stein, SECONDED BY: Zisa TRAMMELL I WHEREAS, the City of Hackensack applauds and endorses the efforts of Assemblyman Charles K. Zisa and Assemblywoman Loretta Weinberg for sponsoring Assembly Resolution No. 97 in the 209th Legislature; and WHEREAS, AR97 seeks to memorialize Port Authority of New York and New Jersey to cease flights into and out of Teterboro Airport between midnight and 6: 00 A. M. ; and WHEREAS, increased jet aircraft noise and pollution over Hackensack has produced a significant negative impact on the quality of life and public health of the region; and WHEREAS, Teterboro flight path for Runway 19 is over a densely populated residential area and several Hackensack Grade Schools, Hackensack University Medical Center and high rise apartment buildings; and WHEREAS, jet aircraft traffic over Hackensack has increased significantly since June 1999 when a new instrument landing system on Runway 19 provided a straight in approach to Teterboro over I Hackensack for aircraft up to the size of a 737-200; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack strongly support Assembly Resolution No. 97 and urge its scheduling for consideration by Assemblyman Alex DeCroce and support by Assembly members representing jurisdictions surrounding Teterboro Airport; and  BE IT FURTHER RESOLVED that a certified copy of this Resolution be .forwarded to Assemblyman Alex DeCroce, Teterboro Aircraft Noise Abatement Advisory Committee, William R. DeCota, Director, Aviation Department Port Authority of New York and New Jersey and Mayors of municipalities surrounding Teterboro Airport. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #123 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Summit Bank is the owner and �axpayer of certain real property known as Block 240A, Lots 8, 9-15, designated as 4 Summit Avenue; Block 240A, Lots 2, 2A and 2B located on Essex Street and Block 240A, Lots 24, 25, 26 and 27 located on Thompson Street; and WHEREAS, the taxpayer 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 yearly assessment is $1, 280, 800 on Lots 8, 9-15; $199, 000 on Lots 2, 2A and 2B; $68, 000 on Lots 24 and 25, and $68, 000 on Lots 26 and 27; 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 matter 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 (NJSA 54: 51A-8) which may be necessary to effectuate the settlement of litigation entitled, "Summit Bank v. City of Hackensack, " Docket Nos. 001895- 98 and 001277-99, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1, 150, 000 on Lots 8, 9-15 for 1998 and 1999, and that the assessments on the remaining parcels be retained without reduction for 1998 and 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #124 OFFERED BY: STEIN SECONDED BY: TRAMMELL I WHEREAS, Summit Bank is the owner and taxpayer of certain real property known as Block 207, Lot 1 designated as 15 Main Street; and WHEREAS, the taxpayer 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 yearly assessment is $1, 370, 500; 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 (NJSA 54: 51A-8) which may be necessary to effectuate the settlement of litigation entitled, "Summit Bank v. City of Hackensack, " Docket Nos. 001902- 98 and 001270-99, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1, 250, 000 for 1998 and $1, 200, 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #125 OFFERED BY: STEIN SECONDED BY: TRAMMELL · WHEREAS, Barry Franzino, Jr. was the owner and taxpayer of certain real property known as Block 428, Lot 7 designated as 194 Passaic Street; and I WHEREAS, the taxpayer filed appeals to his 1992 and 1993 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $321, 900 for 1992; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate the settlement of litigation entitled "Barry Franzino, Jr. v. City of Hackensack, " Docket Nos. 000045-93 and 000618-94 presently pending in the Tax Court of New Jersey, so that the 1992 assessment be reduced to $285, 900 subject I to the condition that the 1993 appeal be withdrawn; 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 #126 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Arthur Cirkus is the owner and taxpayer of certain real properties known as Block 429, Lot 1, Units COOOA and C003B, designated as 60 Vanderbeck Place; and WHEREAS, the taxpayer filed appeals to his 1999 real property I tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $40, 600.00 for Unit COOOA and $41, 700.00 for Unit C003B; and WHEREAS, the assessments on these units were reduced for 1998 pursuant to a Judgment of the Tax Court; and WHEREAS, a reduction pursuant to an application of the Freeze Act (NJSA 54: 51A-8) appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters should be settled by application of the Freeze Act (NJSA 54: 51A-8) ; 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 an application for Judgment I pursuant to the Freeze Act (NJSA 54: 51A-8) , which may be necessary in order to effectuate a settlement of litigation entitled, "Arthur Cirkus v. City of Hackensack, " Docket No. 003788-99, presently pending in the Tax Court of New Jersey, so that the assessment for each unit be reduced to $37, 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #127 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: Current Account $ 7, 293, 702.37 Capital Account 52, 410.00 Public Assistance II Account 4, 637.00 Public Parking System Account 6, 138.98 I Trust Account Payroll Agency Account Escrow Account 13, 522.00 92, 281.27 16, 117.87 State Unemployment Insurance Account 87, 193.05 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 RESOLUTION #128 OFFERED BY: MATTEI 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: I RA: 1619 - Holy Trinity Home & School Association RA: 1620 " " " " " " \\ RA: 1621 - Rotary Club of Hackensack #679 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Mrs. Dukes advised the Mayor that her Docket was completed. The Mayor asked the City Manager, City Attorney and members of Council if they had anything to report. Councilman Stein, said all Census forms should have been returned, and encouraged everyone to complete their census forms and return them if they have not done so. The Mayor opened the me�ting to the public for discussion of City business. Dorothy Schwartz, 47 Prospect Avenue, summarized the suggestions she made over the past several meetings to amend the Rent Ordinance. Jack Donovan, 211 Willow Avenue, stated, per Council's advice, he attended the Board of Education Meeting regarding the grades of the students. I Robert Miller, resident and business owner in Hackensack, alleged that he had been denied a field permit to play Soccer at Johnson Park. He said the present league is not doing a good job and presented a petition dated February 1, 2000, consisting of 72 names (without addresses) and telephone numbers. Some of the telephone numbers were not Hackensack numbers. The petition was signed by those who participated in the summer adult league at Johnson Park and supports Roberto Miller for organizing this tournament. Mayor Zisa suggested Mr. Miller put everything in writing and submit it to the Recreation Superintendent. Councilman Galvis agreed with Mayor Zisa. Councilwoman Trammell, left the meeting at this point. (9: 00 PM) Frank Campbell, 111 Catalpa Avenue, asked questions regarding the Sussex Street sewer relining project as it relates to grant funds. Mayor Zisa and Mr. Lacava responded. Mr. Campbell also complained about Anderson Street Park being dirty. I Nat Shatzoff, 101 Prospect Avenue, petitioned the Mayor and Council to review the Rent Ordinance. Carolyn Davis, 192 Stanley Place, recounted she was in a serious automobile accident thirteen years ago at the corner of Stanley Place and First Street. That corner is still dangerous.  She requested consideration be given to making Stanley Place one­ way or to do some further investigation. Calvin Wren, 240 Hamilton Place, agreed with Mrs. Davis. Motion offered by Galvis, seconded by Mattei, that the public hearing be closed and the meeting be adjourned. (9: 35) Roll Call: Ayes - Mattei, Galvis, Stein, Zisa I Absent - Trammell at adjournment ZISA lllcdtd- ROGER B. MATTEI a. ��e0 .��4£TRAMMELL k&9rUJis- I __ COUNCILMAN MARK A. STEIN ATTEST: I