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, June 5, 2000, at 8:00 P.M. Mayor Zisa called the meeting to order at 8:05 PM and asked everyone to stand for the flag salute. The Mayor asked the City Clerk to call the roll. I Present - Deputy Mayor Roger B. Mattei, 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. Salkin 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 Hackensack". Before the regular business of the meeting Mayor Zisa presented a Plaque to Baseball of Hackensack in commemoration of 50 years of dedication to the youth of Hackensack. Bill Gallagher, President and Jeanne Dressler, Treasurer of Baseball of Hackensack, accepted the Plaque for the group. Mayor Zisa called for a motion to approve the minutes of the meetings held May 15th, May 22nd and May 23rd, 2000. Motion offered by Stein, seconded by Mattei that the minutes be approved as submitted. Carried I RESOLUTION #164 OFFERED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack SECONDED BY: MATTEI that the proper officers be and are hereby authorized to make the following refunds for the reason stated: AMOUNT BLOCK/LOT NAME YEAR REASON $1,365.80 545/48 Rothman1 Leonard, Mildred & Robert 2000 Err.Pyrnt. 552.00 302/5A Alan R. Hammer, Trustee for Ram Holding Co.-Sold 1997 STB 558.00 302/5A \\ \\ \\ \\ \\ \\ 1998 STB 573.00 302/SA \\ \\ \\ \\ \\ \\ 1999 STB 660.86 403/3 Alan R. Hammer, Trustee for Nigito & Koestner 1999 STB 1,860.00 410/9A Alan R. Hammer, Trustee for Ander Co.-Sold 1998 STB 1,910.00 410/9A \\ \\ \\ \\ \\ \\ 1999 STB 867.60 428/7 Daniel G. Keough,Trustee 1992 STB 1,507.36 214/7 Phoenix Funding, Inc. 2000 Err.Pyrnt. I $ 78.00 to Mrs. Luisa Fernandez, 27 Dyatt Place, Hackensack, New Jersey 07601 for the Summer Playground Program which was cancelled. $ 200.00 to Mrs. Maria Jones, 417 Main Street, #7D, Hackensack, New Jersey 07601 for the Extended Day Summer Program which was cancelled. $ 137.00 to Mrs. Astrid Gomez, 75A Cambridge Terrace, Hackensack, NJ, for Registration & Trip Fee for the Summer Sports Camp which was cancelled. $ 32.00 to Ms. Susan C. Golabek, 8418 Thames Street, Springfield Virginia 22151, for 6 birth records collected in error. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #165 OFFERED BY: MATTEI SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack I that the following organization be granted permission to conduct Raffles in accordance with the applications on file in the office of the City Clerk: RA: 1622-RA: 1623 & RA: 1624 - Holy Trinity R.C. Church Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #166 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and they are hereby authorized to execute an agreement with Bell Atlantic-New Jersey, Inc. for Optimail Service (Voice Mail) for a five year term; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account #0-10-261-249 of the Current Fund in the amount of $4,039.00. P.O. #116694; and BE IT FURTHER RESOLVED that the approval of this contract is exempt from public bidding pursuant to N.J.S.A.40A:ll-4(f) of the Local Public Contract Law, as said services will be rendered by an entity which is subject to the jurisdiction of the Board of Public Utilities. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #167 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the City of Hackensack received Change Order No. 1 from J. Fletcher Creamer & Son, Inc. for the Court and Anderson Street CSO Project, for a three (3) inch and four (4) inch water line and new gas line; and WHEREAS, Tom Toscano, Director of Operations for the City, recommended that said Change Order be approved; and WHEREAS, the Chief Financial Officer has certified that funds are available from Account No. X-50-M05-001 of the General Capital Fund in the amount of $14,185.38, Purchase Order No. 111277; NOW, THEREFORE, BE IT RESOLVED, that Change Order No. 1 in the total amount of $14,185.38 increasing the original contract from I $3,212,200.00 to $3,226,385.38 for J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey 07601-6846, be and is hereby approved. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #168 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack has received Change Order No. 1 from D & L Paving Contractors, Inc. for the Resurfacing of the Fire House Parking Lots; and  WHEREAS, Kenneth G. B. Job, the City's Consulting Engineer has recommended that said Change Order, reflecting a reduction in the original contract cost in the amount of $186.00, be approved; NOW, THEREFORE, BE IT RESOLVED that Change Order No. 1 for D & L Paving Contractors, Inc., P.O. 507, Nutley, N. J., 07110 be and is hereby approved. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #169 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, pursuant to an advertisement in The Record, bids were received on May 9, 2000, for supplying and installing fencing; and WHEREAS, one bid was received from Anello Brothers,Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for Supplying and Installing Fencing be awarded to Anello Brothers, Inc., 340 Route 23, Pompton Plains, New Jersey 07444 in the amount of $15,000.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #0-10-891-281 of the Current Fund in an amount not to exceed $15,000.00. P.O. #116469. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #170 OFFERED BY: TRAMMELL SECONDED BY: STEIN I WHEREAS, pursuant to an ad in The Record bids were received on April 4, 2000 for the purchase of a New Vermeer Brush Chipper (or approved equal) ; and WHEREAS, two bids were received from Fregman's Paver Equipment ($31,600.00) and R.J. Sherman & Associates, Inc., DBA, Vermeer North Atlantic Sales & Service ($34,882.00) ; and WHEREAS, after review of the bids by the Superintendent of Public Works it was determined that Fregman's Power Equipment did not meet the specifications and as per state statute was given an opportunity for a public appearance and declined; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the purchase of a new Vermeer Brush Chipper be awarded to R.J. Sherman & Associates, Inc. , DBA, Vermeer North Atlantic Sales & Service, 7 Maple Avenue, Mt. Holly, New Jersey 08060 in the amount of $34,882.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account No. X-50-Q24-007 of I the Capital Fund. P.O. #116577. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #171 OFFERED BY: GALVIS SECONDED BY: MATTEI 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 $14,753,576.10; and WHEREAS, the interval between the timely introduction of the I 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, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.40A:4-20: 1) An emergency temporary appropriation be and the same is hereby made for the awarding of annual contracts in the amount of $2,200,000.00; 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 Admin. & Exec. S/W $ 40,000.00 Admin. & Exec. O/E 10,000.00 Financial Admin. S/W Tax Assessor S/W Tax Collector S/W 25,000.00 10,000.00 10,000.00 I Fire Alarm S/W 5,000.00 Fire Department S/W 200,000.00 Fire Department O/E 25,000.00 Fire Official S/W 5,000.00 Fire Hydrant Service O/E 40,000.00 Police S/W 300,000.00 School Crossing Guards S/W 30,000.00 Traffic Control S/W 2,000.00 Communications Operators S/W 10,000.00 Volunteer Amb. Corp O/E 3,000.00 EMT S/W 12,000.00 Mun. Ct. Public Defender S/W 3,000.00 Building Inspectors S/W 10,000.00 Inspection of Prop. (Mngmt.) S/W 10,000.00 Community Development S/W 10,000.00 DPW S/W 25,000.00 DPW O/E 15,000.00 City Garage S/W 20,000.00 I City Garage O/E 10,000.00 Streets & Roads S/W 10,000.00 Streets & Roads O/E 5,000.00 Shade Tree S/W 5,000.00 Shade Tree O/E 5,000.00 Street Cleaning S/W 15,000.00 Garbage & Trash S/W 10,000.00 Garbage & Trash O/E 10,000.00 Sanitary Landfill O/E 100,000.00 Sewer O/E 5,000.00 Sewer Treatment BCUA O/E 800,000.00  Health Department S/W 15,000.00 Human Services S/W 10,000. 00 Parks & Playgrounds O/E 10,000. 00 Recreation O/E 10,000. 00 Celebrate Public Events O/E 20,000. 00 Library O/E 200,000. 00 Municipal Court S/W 5,000. 00 HAPADA O/E 5,000.00 911 S/W 10,000. 00 I Capital Improvements O/E 20,000. 00 Capital Improvements O/E 100,000. 00 TOTAL $ 2,200,000.00 Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #172 OFFERED BY: STEIN SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that Scott William Dugan, be and is hereby approved for active membership in the Hackensack Fire Department. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #173 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the City of Hackensack (the "City") desires to make application to the Local Finance board for its review and/or recommendations with respect to a bond ordinance authorizing the issuance of bonds or notes to finance improvements to its two combined sewer outflow (CSO) facilities (Court Street and Anderson I Street) to provide for abatement of solids/floatables flowing into the Hackensack River; and WHEREAS, pursuant to the New Jersey Environmental Infrastructure Trust Act, the City is required to obtain approval of the Local Finance Board; and WHEREAS, the City must obtain approval of the Local Finance Board for a maturity schedule of the bonds to be sold to the New Jersey Environmental Infrastructure Trust and the State of New Jersey pursuant to the 2000 Funding Program of the New Jersey Environmental Infrastructure Trust; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: Section 1. The City shall make application to the Local Finance Board for review and approval of its proposed project financing through the New Jersey Environmental Infrastructure Trust. The City's Bond Counsel, Auditor, Engineer and other representatives are hereby authorized to prepare such application and to represent the City in all matters pertaining thereto. The I Mayor, Chief Financial Officer and City Clerk of the City each is hereby authorized to execute any or all documents deemed necessary and proper with regard to such application. Section 2. A certified copy of this resolution shall be filed with the Local Finance Board as part of such application. Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings and recommendations as provided by the applicable laws.  Section 4. This resolution shall take effect immediately. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #174 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, JMB Income Properties, Ltd. was the owner and taxpayer of certain real property known as Block 504A, Lot 12A, I designated as 380 Hackensack Avenue; and WHEREAS, the taxpayer filed appeals to its 1994, 1996, 1997 and 1998 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment was $49,000,000 for 1994 and $62,894,100 for each of the years 1996, 1997 and 1998; 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 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 that may be necessary to effectuate the settlement of litigation entitled, "JMB Income Properties, Ltd. v. City of Hackensack," Docket Nos. 004752-94, 008793-96, 006318-97 and 000438-98, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to I $52,894,100 for 1996 and $58,046,300 for 1997, and that the assessment for 1998 be affirmed at $62, 894,100, subject to the condition that the appeal for 1994 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 #175 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 $ 1,697,331.66 Public Assistance II Account 7,469.00 Capital Account 268,936.48 Public Parking System Account Public Parking Capital Account Trust Account 5,869.93 1,922.41 9,177.56 I Payroll Agency Account 179,312.34 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  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. They did not. Mayor Zisa opened the meeting to the public for discussion of City business. I Dorothy Schwartz, 47 Prospect Avenue, described the rent regulations in New York and said every municipality in New Jersey is on it's own. Frank Campbell, 111 Catalpa Avenue, asked that an old alarm signal control at the corner of Conklin and Union Street be removed. He showed photos of the drainage in the handicapped area of Anderson Street Park after a storm. Mayor Zisa responded to Mr. Campbell's questions regarding sidewalks and curbs. Lenny Nix, 83 Elm Avenue, regarding the resolution for the installation of fencing, asked where would the fencing be installed. He was told DPW would place it where needed. Mr. Nix reported the fence around All American Ford has "bob wire" and thought this was prohibited. Mr. Salkin will check to see if the ordinance prohibits bob wire fencing. Mr. Nix questioned a Police Car stationed and idling on the Creamer property during an Auction they held a couple of weeks ago. The matter will be checked. I Jack Donovan, Willow Avenue, asked about the facility on Orchard Street. Mayor Zisa gave him an up-date. He also reported that cars are parking too close to the Corner at Camden & Main Streets and something should be done. The Manager will contact the Police Chief. Motion offered by Trammell, seconded by Stein, that the public hearing be closed and the meeting be adjourned. Carried (8:45 p. M.) I ATTEST: